Thèse (Ph. D.)--Université Laval, 1999. / Comprend des réf. bibliogr.

Koncentracijų vertinimui ES, Lietuvoje ir JAV pasitelkiamos skirtingos koncentracijų vertinimo – „žymaus veiksmingos konkurencijos apribojimo“, „dominavimo“ ir „reikšmingo konkurencijos sumažinimo“ – taisyklės. Lietuvoje taikoma „dominavimo“ taisyklė neapima konkurencijos teisės draudimų taikymo oligopolinėse rinkose sukuriamam, vienašaliam neigiamam poveikiui rinkoje, kuris nelemia dominuojančios padėties sukūrimo ar sustiprinimo. Taip pat šios taisyklės pagrindu nepakankamas dėmesys skiriamas koncentracijų sukuriamo efektyvumo vertinimui. Nors ES ir JAV taikomų koncentracijų vertinimo taisyklių turinys yra tapatus – praktinis taisyklių taikymas nagrinėjamose jurisdikcijose yra skirtingas. Atliktas koncentracijų kontrolės tikslų, koncentracijos sąvokos, koncentracijos sudarymo būdų, ūkio subjekto sąvokos tyrimas, koncentracijų sukuriamų neigiamų bei teigiamų padarinių lyginamasis vertinimas parodė, kad pastarieji nagrinėjamos jurisdikcijose suprantami tapačiai. Buvo nustatyta, kad esminiai skirtumai pasireiškia koncentracijų kontrolės institucijoms nustatinėjant priežastinį ryšį tarp veikos (vykdomos koncentracijos) bei jos sukuriamų padarinių rinkoje. Vertinant horizontalias koncentracijas ir ES, ir JAV atsižvelgiama į tuos pačius, žymų, reikšmingą konkurencijos apribojimą lemiančius veiksnius, tačiau ES didesnis dėmesys skiriamas struktūrinių pasikeitimų rinkoje vertinimui, JAV – konkurencinių ryšių tarp koncentraciją vykdančių subjektų pasikeitimui. Nehorizontalių... [toliau žr. visą tekstą] / Concentrations in the EU, Lithuania and the US are assessed under different – “significant impediment of competition”, “dominance” and “substantial lessening of competition” – rules. Lithuanian “dominance” rule is not applicable to merger’s created unilateral effect in oligopolistic market if such merger doesn’t create or strengthen its dominant position. Furthermore, less attention is paid for efficiencies, created by mergers under this rule. While the content of the EU and the US concentrations assessment rules might seem alike – practical assessment of mergers proves the opposite. Moreover, comparative analysis of merger control goals, concepts of concentration and undertaking, ways of concentration and positive, negative effects of concentration showed that these are interpreted in the same way in all jurisdictions. It was also noticed that the main differences occur while identifying causality between concentration and its effects in the market. The same attention is paid to certain factors that might lessen competition substantialy during the horizontal mergers assessment process in the EU and the US. However, analysis applied in the EU are more of structural nature and the US concentration’s control institutions put focus on the assessment of competitive relationships between merged undertaking before and after the merger. The US is also more cautious about assessment of non-horizontal mergers. Competition authorities practically presume efficiencies created by the... [to full text]

This thesis examines the personalisation of Pakeha (European) post-mortem practices in New Zealand. While much of the discourse surrounding funerary and disposal processes maintains that contemporary practices demonstrate a �denial� of death and funeral director esurience, funeral directors themselves have argued that the austere Anglophone approach to death has been superseded by personalised practices. This transformation has become particularly evident in the last two decades and emphasises a historic shift to funeral services that encompass the heterogeneity of late-modern individuals. The aim of this thesis, however, is not to recapitulate funeral director rhetoric or reiterate the criticisms levelled at the industry, but to critically examine the implications and manifestations of personalisation, and explore the funeral directors� role in the provision of contemporary funeral services. In addition to archival research, this ethnographic endeavour includes in-depth interviews with funeral directors (and related occupational groups) and an extended period of participant observation. The theoretical issues explored in this thesis are grounded in this ethnographic data. This study reveals that personalisation is integrally linked to constructions of grief, the pastoral role of funeral directors, and Foucault�s concept of bio-power. Funeral director participants asseverated that funeral practices had �evolved� to effect the �healthy� resolution of grief. Personalised funerals represented a re-alignment of �natural� human needs and cultural practices, and funeral director rhetoric amalgamated essentialist interpretations of grief with personalised memories and continuing bonds (Klass and Walter 2001). Funeral directors explicitly linked personalisation to secularisation, emphasising the perceived lack of �guidance� and �care� in contemporary society. Although �impersonal� religious funerals provided funeral specialists with an important point of departure, many funeral directors emphasised the pastoral dimension of contemporary funeral directing. This dimension constitutes a key component of the funeral directors� role and permeated all facets of funeral service - particularly the increasing range of after-care funeral options. Although the funeral director rhetoric emphasises the democratisation of funeral practices and the primacy of individuality, an examination of the discourse reveals that this personalisation also demonstrates the normalising technologies integral to Foucault�s concept of �pastoral power�. I argue that funeral directors play a significant role in articulating the boundaries of �appropriate� funeral behaviour by accentuating the importance of �authenticity�, �dignity� and �healthy grief�. These concepts underline the expertise of funeral directors, define the acceptable parameters of post-mortem practices, and reify the integral involvement of funeral directors in the construction process. The specific subjectivity promoted by funeral directors constitute individuals that are not only �honest� and �real�, but recognise the �need� for a funeral service, emotional expression, and memorialisation. These individuals similarly realise the importance of integrating the deceased into their own biographies, while acknowledging the significance of guidance and control. This subjectivity clearly legitimises the role of the contemporary New Zealand funeral director. This thesis illustrates, therefore, that funeral directors play a salient role in articulating bio-power within New Zealand society, and that this endeavour is integrally linked to the occupations� continuing pursuit of professional identity.

by Cheung Chi-Wing, Julian, Lo Chi-Yun. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1998. / Includes bibliographical references (leaves 54-56). / ABSTRACT --- p.ii / TABLE OF CONTENTS --- p.iv / LIST OF ILLUSTRATIONS --- p.vi / ACKNOWLEDGEMENTS --- p.vii / Chapter / Chapter I. --- INTRODUCTION --- p.1 / Terminology --- p.2 / Scope of the Study --- p.4 / Literature Review --- p.5 / Methodology --- p.6 / Chapter II. --- CONSUMER ANALYSIS --- p.8 / Who will be the Customers --- p.8 / Death Care Goods and Services: A High Involvement Purchase --- p.9 / Complex Decision Making Process --- p.10 / Two Underlying Factors Affecting the Chinese in Purchasing Decision of Death Care Services --- p.12 / Confucian Values --- p.12 / "Superstition and""Feng Shui""" --- p.13 / Four Main Types of Consumer --- p.16 / Chapter III. --- ANALYSIS OF DEATH CARE INDUSTRY --- p.19 / Death Care Products (Goods and Services) in Hong Kong --- p.19 / Existing Players --- p.22 / Current Practices of Industry Players --- p.23 / Demand for Death Care Goods and Services --- p.25 / Analysis of the Performance of Funeral Homes of Hong Kong --- p.26 / The Perception of Death Care Providers --- p.29 / Deficiency in Existing Service --- p.31 / Chapter IV. --- PROPOSAL FOR INTRODUCING FREE GRIEF COUNSELING SERVICE IN FUNERAL HOMES --- p.34 / Bereavement Counseling in Hong Kong --- p.34 / The Jessie and Thomas Tam Centre --- p.34 / The Market Potential of the Service --- p.36 / Problems and Constraints of the Centre --- p.37 / Reasons behind Our Proposal --- p.37 / Contents of the Proposal --- p.39 / Setting up a Grief Counseling Division --- p.39 / Enhancing Communications with Other Bereavement Counseling Service Providers --- p.41 / Promotion of the Service --- p.42 / Actual Delivery of the Service --- p.42 / Pros and Cons for Funeral Homes as Counseling Service Providers --- p.44 / Chapter V. --- CONCLUSION --- p.48 / APPENDIX --- p.50 / BIBLIOGRAPHY --- p.54

Cemetery companies were the principal agency of the transition from a traditional reliance on graveyards to the use of modern extra-mural cemeteries. The thesis comprises a study of the 113 cemetery companies established from 1820 to 1853, a period which saw the origin of this type of enterprise and its spreading throughout Britain. The companies are not analysed as economic entities, but rather as representations of a range of attitudes towards the problems associated with intramural interment. To facilitate discerning different trends relating to the public perceptions of the burial problem, the companies have been classified according to type. This is an exercise which relies on textual analysis of company documents to understand the principal motivation of each group of directors. Three different types of company are examined in the thesis. Directors of enterprises within the first group to emerge saw the burial problem as a religious-political issue, and used cemetery companies as a means of providing extended space for burial which was independent of the Established Church. The new cemeteries had unconsecrated ground, and offered the freedom for Dissenters to adopt any burial service they wished. The increased enthusiasm for all joint-stock enterprise in the mid-1830s saw the advent of the speculative cemetery company, which saw in the burial issue the potential to make profits in one of three ways: by tapping a specific territorial market, a particular class market, or by buying and selling the scrip of grand and impractical necropolitan schemes. A third type of company dominated the 1840s, and its main concern was the provision of extra-mural cemeteries as a sanitary measure. In addition to studies of these three groups of companies, the thesis presents analysis of two additional themes essential to the progress of burial reform: fears concerning the integrity of the corpse; and the cultural significance thought to attach to cemetery foundation. The thesis demonstrates, by studying these companies, that the reasons for taking action to found cemetery companies could vary considerably, and that perception of the burial issue altered a number of times.

The topic of this thesis is regulation of temporary agency work in the Czech Republic and the Republic of Poland. The stress is put mainly on the comparison of individual areas of regulation in both countries and describing the substantial differences. The goal of the paper is to contribute to better understanding of this special issue of the labour law and to introduce foreign incentives to the discussion about the pros and cons of the practice related to using temporary agency work in the Czech Republic. Finally this paper may also serve as a source of reflections de lege ferenda. In the first part this thesis focuses on the description of the basic characteristic of temporary agency work. The different points of view of this issue are introduced gradually, especially in the context of the other labour market services, next a brief description of the sources of international law in this area follows, and finally short historic excursus into the development of the regulation in Poland and the Czech Republic is presented. The second part is devoted to the public law regulation of temporary agency work, especially to acquiring the license for running a work agency and the obligations arising from the public law. Regulations in both states are divided into the separate chapters. The last part involves...

1 Abstract Diploma thesis: Regulation and its impact on the conduct of an undertaking Regulation is a very large term that describes a wide scope of activities of the state and other entities that aim at channelling the activities of the undertakings in order to enhance competition and protect consumers and other third parties. This paper analyses the economic and other rationale for regulating markets and describes techniques of regulation. Regulation mainly focuses on mitigating or removing market failures that are caused by a number of factors: existence of monopolies or natural monopolies, windfall profits, externalities, information inadequacy, unequal bargaining power, anticompetitive behaviour and predatory pricing, use of public goods or problems with continuity and availability of services. These market failures can be removed or mitigated by a number of different regulatory strategies that are chosen by the relevant state. The choice of regulatory strategy shall be based on a thorough regulatory impact assessment carried out before the implementation of the specific measure. Regulatory strategies can be grouped in the following regulation schemes: first of all, command and control regulation, the strictest type of regulation, under which the legislator and/or regulator impose a specific rule...

Competition law - control of concentrations between undertakings Abstract The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer...

Resumé - AJ This thesis concerns to the topic Trade license and the requirements for undertaking business as sole trader. I have chosen the trade law topic because it represents an essential part of private business. The purpose of my thesis is to analyze current legal regulations, describe and clarify main juridical institute with regard to the historical development and judgments. The thesis is composed of five chapters, each of them dealing with different aspect of the trade law. It also contains an introduction, which explains the reasons for importance of the trade law and specifies the main thesis's tasks and structure. Chapter One, subdivided into four parts, summarizes the historical development of the trade law from the second half of the nineteenth century to present day. It examines relevant Czech legislation and the essential amendment of the law. Chapter Two, Part One, defines the term of trade license. Part Two investigates the subject of trade license, part Three describes the requirements for undertaking business as sole trader. In addition this chapter deals with the problem of responsible representative and describes the basic method of trade classifications. Chapter Three focuses on trade license, especially on its dynamic. It describes the process of trade license applications, the...

The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer of assets to its partner - according to the Czech law on...