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324 Uppsatser om Article 101 TFEU - Sida 1 av 22

Avtalslicensens förhållande till konkurrensrätten : När strider utövandet av en avtalslicens mot konkurrenslagstiftningen?

AbstractCopyright is designed to not interfere with society's general and overriding interest of effective competition. An effective market competition benefits consumers by lowering prices, raising the quality and expands the range of goods and services.The purpose of the paper is to investigate if the collecting societies licensing violates competition laws. On the basis of the investigation regarding the bill for a new Swedish copyright law (URL), mainly the new wording that regulates the license agreement, corresponds to the EU competition rules and customs within the area.The collecting societies licensing violates the competition laws in the following cases? Discrimination of members because of nationality?           Authors transferring their sole rights to global exploitation?           The collecting society have the right to manage the rights after the author have left as a member?           Users that are established abroad do not get access to the repertoire of  the collecting societies, the same goes for concerted practice if this is the purpose or result?           Parallel behaviours that cannot be explained objectively?           Dividing the market?           Fixed Prices?           Refusal to sign multi-territorial licenses?           Apply different conditions for equivalent transactions resulting in competition disadvantages for a company that cannot be justified by reasonable causesCurrently there are no indications that the new bill to a new URL violates EU law. The author of the paper thinks this may change if the collective management extends, so that other member states get the extended license agreements, then the single market is affected by the competition restriction that the new bill to the URL mean.

Värvningsförbud av anställda och konkurrensbegränsande samarbeten

This thesis focuses on employers? use of non-­?solicitation of employees in commercial contracts within the union?s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers. .

Ändringen av artikel 7 i OECD:s modellavtal : En komparativ studie

States have sovereignty in deciding how to tax business profits. If two states wish to tax the same profit that belongs to the same taxpayer, double taxation will arise. The increasing number of multinational companies gives rise to double taxation problems and the states have to co-operate to find out how to avoid such problems. The OECD Model Tax Convention includes an article in how to determine the rights to tax business profits. This article has been a subject of discussion and a committee of the OECD has been working to develop a new article 7.The work in proposing this new article has had as its aim to reassure that the interpretations of this regulation is made in the same way.

En studie av begreppet uppfyllelseort i artikel 5 (1) b i Bryssel I-förordningen

The courts international juristiction within the European union is regulated by the Brussels I Regulation. Article 2.1 of the Brussels I Regulation contains the fundamental provision. According to this Article the plaintiff shall submit an action where the defandent is domiciled. The Regulation provides exemptions to the this provision in Article 2.1.The court of the international case can also be determined according to Article 5 (1) of the Brussels I Regulation. This Article contains an alternative to the general provision within Article 2.1.

En utredning av Rom I-förordningens artikel 4.1(h)

Article 4.1(h) in the Rome I regulation establishes which law that will be applicable on contracts concerning financial instruments concluded in multilateral systems. The main problem is that most contracts concluded within these systems have standard clauses which contain a clause on the applicable law. If this is the case, Article 3.1 in the Rome I Regulation is applicable instead. This problem makes it difficult to find a need for article 4.1(h) if it will only be applicable in exceptional cases. However, the legal position on this matter is still unclear since the Rome I Regulation has just been put into force.

Elevers litterära föreställningsvärldar

Article 4.1(h) in the Rome I regulation establishes which law that will be applicable on contracts concerning financial instruments concluded in multilateral systems. The main problem is that most contracts concluded within these systems have standard clauses which contain a clause on the applicable law. If this is the case, Article 3.1 in the Rome I Regulation is applicable instead. This problem makes it difficult to find a need for article 4.1(h) if it will only be applicable in exceptional cases. However, the legal position on this matter is still unclear since the Rome I Regulation has just been put into force.

Gränsen mellan aktiv och passiv försäljning. En analys av konkurrensreglerna på marknaden för anläggningsmaskiner

The essay focuses on the blacklisted restriction of passive sales in the block exemption to Article 101 TFEU on vertical agreements. It confirms the authors' thesis that the distinction between active and passive sales do not cause any problems in the theory, but that the reality shows the opposite. The analysis further shows that more detailed guidelines probably would not solve the problem but rather it is the objectives behind the rules and practice that causes confusion.The essay questiones whether the changes in the new guidelines for the block exemption also involves a change in the Commission's approach to the restrictions on passive sales when the same purposes as before lies behind the rules, where the goal of an integrated market is the most important. The impact of the so called "economic approach" within practice since the 1990s, when it was first introduced, suggests that changes are slow. The essay requests a greater openness to the fact that the realization of a single market and the desire to move closer to the commercial reality of companies collide.One proposed solution is given, where the rules would be designed so that 'absolute territorial protection' is prohibited, contractually and de facto, and that it is left open for companies to determine if their actions lead to this.

Känner du igen dig? : Hur intervjupersoner tycker att de framställs i Barometerns porträttintervjuer samt hur deras förtroende för lokaljournalister ser ut

The purpose of this study was to investigate how the interviewed people feel about being described in portrait interviews and how exactly it matches with their own image of the interview. The main issues were: Do they recognize themselves in the published article? If they don?t, what do they think it depends on? If they had the opportunity to read the article text before publishing, to what extent were they allowed to make changes to the text? Do the interviewees trust the local papers? This report involves a qualitative study on portrait interviews from the local newspaper Barometern. The articles were selected between June and November this year. The criteria for the selection of articles were that it was to deal with a single person and there be one photograph of this person in the article as well.

Uppfyllelseorten för den förpliktelse som talan avser : Artikel 5.1 b) Bryssel I-förordningen vid avtal om utförande av tjänster

Article 5.1 in the Brussels I-Regulation regulates special rules on jurisdiction for contractual disputes. The aims of this thesis are to determine the location as provided under Article 5.1 b), as the place of performance for the obligation in question. The focus of this thesis is the problems that occur when services, according to the contract, are to be performed in several Member States..

Rätten till naturaprestation : Bortfaller rätten efter det att ett långvarigt embargo har lyfts?

Export is a top priority for Sweden's economy but for Swedish companies it may involve uncomfortable risks of exporting without sincere consideration. When the United Nations Security Council puts an embargo against a country, this often mean an import and export restriction. The thought is to push undemocratic regimes into respecting human rights. When the embargo is in force, however, the parties are not able to fulfill their contractual obligations, which practically means that the agreement will be suspended. The problem is what happens when an embargo is in force for a longer period of time.

De osedda barnen : Kvinnors upplevelser av förälder/föräldrars alkoholmissbruk och alkoholmissbrukets påverkan under barndom och vuxenliv

This article seeks to examine the effects alcohol abuse have on the growth of women and how, as adults, their lives are affected by this. It tries to encourage a better understanding and knowledge of these experiences and how instances of support and help have influenced the subject?s life, from childhood through to adulthood. Through 10 qualitative interviews of adult women, all affected by childhood alcohol abuse, the article tries to get a better understanding of how these women coped under these circumstances. The article attempts also to better understand how the women?s experiences of support during childhood have benefited them and how they feel as adults today..

Den polska lastbilschaufförens verksamhet : Att i Sverige betraktas som egenföretagare eller anställd och vad blir inkomstbeskattningskonsekvensen?

Export is a top priority for Sweden's economy but for Swedish companies it may involve uncomfortable risks of exporting without sincere consideration. When the United Nations Security Council puts an embargo against a country, this often mean an import and export restriction. The thought is to push undemocratic regimes into respecting human rights. When the embargo is in force, however, the parties are not able to fulfill their contractual obligations, which practically means that the agreement will be suspended. The problem is what happens when an embargo is in force for a longer period of time.

Ethical impact on EU animal welfare policies : the example of Article 13

On December 1th 2009 the Lisbon Treaty entered into force, and through Article 13, the recognition of animals as sentient being was given a more visible part in the very core of EU law. This was an effect of a political decision to commit to the issue, partly because of the will to further harmonize the EU market, but also due to increased societal concern for the wellbeing of animals. Over the last decades, ethical awareness is growing in many countries, one reason being new scientific discovery. This influences legislators and policy makers to take proper action, and in this way, ethics and science often work together as the very basis for the development of new legislation and policies. There is yet to be seen what the actual consequences of Article 13 will be, since the legal obligation remains the same and there are still some reservations in it.

Att bemöta, lyssna till och delaktiggöra ungdomar på HVB-hem : En  kvalitativ studie ur personalens perspektiv

When young people are placed in residential care, the staff have a responsibility to ensure that the youth have a safe environment where they can thrive and develop. Residential staff also have responsibilities to ensure the rights of youth during the residential care. This study aims to examine how staff consider themselves to treat the youth in residential care. Furthermore the study aims to examine how the staff consider themselves to ensure youth their right to be heard and have an impact on their own lives, in agreement with Article 12 of the UN convention on the rights of the child (CRC). A qualitative method has been used in order to answer the study's purpose and issues.

Framingen av en budgetkris : Hur gestaltades USA:s budgetkris under oktober månad 2013 i svensk dagspress?

The U.S. came close to hit their debt ceiling and had some severe trouble getting a federal budget in order in the fall 2013, which raised a global news echo around the world. The purpose of this study is to look at of how the Swedish newspapers framed this specific event; we wanted to find the dominated similarities and differences in the different articles as well as see if our domestic perspective appeared in the frames. In order to come to a conclusion we first read all the material published between the dates of the 2th to the 17th of October in our chosen newspapers, we then did a mapping schedule and sorted through the articles, two of our main sorting points were ?the dominating framing? and ?the dominating operator? in each and every article.

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