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265 Uppsatser om Restrictive agreements - Sida 1 av 18

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. .

Markanvisning och markanvisningsavtal : definitioner och innebörd i ett antal Stockholmskommuner

The purpose with this thesis is to investigate how a number of municipalities in Stockholm County proceed when they allocate land and establish land allocation agreements for exploitation, and to investigate how a number of municipalities define land allocations and land allocation agreements on the occasion of public land sales. The aim of this thesis is to describe the allocation methods a municipally uses when they offer land for sale and to give an insight regarding which correlation different land allocation agreements have in different municipalities.Methods used are: (1) a literature review where the underlying theory for land allocations and land allocation agreements have been studied; (2) a questionnaire have been done to complement the literature review and to provide a picture of how a number of different municipalities in Stockholm County use and apply land allocations; (3) an agreement audit have been done to see the extent to which different agreement terms exists.Responses from the questionnaire, together with the definitions form different municipality?s land allocation policies and the literature review, resulted in a definition of a land allocation and a land allocation agreement. The agreement audit shows that agreement terms regarding: price or price indication, location, cost-sharing and planning costs are the most common agreement terms within the municipalities we have investigated.The study suggests that there is some confusion regarding land allocation agreements and the meaning of these, that became apparent when agreements where gathered, despite a careful explanation that it was land allocation agreements we requested, we still got exploitation agreements and purchase agreements. Therefore, we consider it necessary with an official definition of a land allocation agreement well anchored in the Planning and Building Act together with the rules of development agreements or other legislation.That there is a lack of research within the subject becomes evident when reports, essays, and other literature generally refers so the same sources.Keywords: land allocation, land allocation agreement and public land sales.

A spaghetti bowl of preferences? : om preferentiella handelsavtals påverkan på WTO

The aim of this thesis is to clarify the affect that preferential and regional trade agreements have on the World Trade Organization (WTO), as being establisher of the international trading regime. The essay is an explanatory literature study, which strives to answer the following questions:Are regional and preferential trade agreements a threat or a complement to the WTO?Is an undermining of the MFN principle weakening the WTO?How do regional trade agreements made by the EU affect the future of the WTO?The empirical material is to be analyzed using an explanatory framework, which is based on neo-liberal instutionalism, theories on regime changes and a game theoretical approach, using prisoner?s dilemma. I will employ the EU-ACP relation, the Cotonou agreement to exemplify how an agreement of this kind can have an influence on multilateral trade. The result shows that preferential agreements do have an impact on the WTO, one that is fairly negative in scope.

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.

Synen på Säkerhet och Immigration : Finns det ett samband?

The aim of this study is to explore howEuropean changes in the view on securityrelates to the view on immigration and viceversa. The answer to that question is basedupon collected data from three separatetime periods; the 1950s, 1970s and 1990s.These time periods are seen as importanthistoric decades when political changes,assumed to have affected the views onsecurity and immigration, have occurred.According to certain criteria each timeperiod has been labelled in terms ofnarrowed/widened view on security as wellas restrictive/open view on immigration.The hypothesis of the study is that, whencompared, a constant pattern can be seenbetween the historical labels of eachphenomenon, where a narrow view onsecurity goes hand in hand with an openview on immigration and similarly a widesecurity view relates to a restrictive viewon immigration.The conclusion of the study gives supportto the hypothesis. During all three periodsstudied a restrictive view on immigrationrelates to a wider view on security while anopen view on immigration relates to anarrower view on security. Thisrelationship goes both ways..

Sveriges informationsutbytesavtal med Monaco och Liechtenstein : Leder avtalen till ökad insyn och effektivt informationsutbyte?

This thesis concerns agreements for the exchange of information relating to tax matters between Sweden and the previous tax havens Monaco and Liechtenstein. Monaco does not apply any tax on income or capital for individuals and Liechtenstein has strict bank secrecy, both aspects are supposed to be counteracted by similar agreements. The purpose is to investigate whether the entered agreements increases transparency and effective exchange of information in accordance with the OECD´s objectives in the area. Furthermore, is there any regulation in the agreements that can be seen as potentially loopholes to avoid the exchange of information and if so; may these loopholes be justified in any way?OECD believe that the tax havens favorable tax regulation is resulting in harmful tax competition and they identify lack of transparency and lack of effective exchange of information as the main reasons.

Radisson SAS - Varför har deras företagskunder valt dem, och varför stannar de kvar

Purpose: The purpose of this essay is to study how the hotel chain Radisson SAS works with prolonged customer relations with their business clients, with other words the clients that have business agreements with them.Methods: This study will contain an inductive approach and qualitative methods. The qualitative research method is in the shape of a deep interview with the sales manager of Radisson SAS and qualitative interviews of chosen business clients to the hotel.Results: The results of this investigation show that business clients are controlled by what kind of agreements their company has.The companies sign agreements with hotels and hotel chains that are able to satisfy big parts of their needs, if not all of them.With the help of flexible solutions, a well known brand, and good relations, Radisson SAS has made sure that their business clients have prolonged their agreements.They are a global hotel chain near transports, and business clients feel secure with Radisson SAS..

Kränkande särbehandling i arbetslivet : Arbetsgivares ansvar och utköp av arbetstagare som utsatts för kränkande särbehandling

The main subject for this essay is victimization at work. The first question concerns victimization and the responsibility of the employer when bullying and harassments occur. The second question regards agreements between the employer and the employee, where the latter is paid to quit the employment because he or she is subjected to victimization, but also if any specific group of employees is especially affected. The purpose of the essay is to create understanding and clarification within current law, but also awareness of the possibilities where employers can create agreements with employees in order to make them finish their employments. In order to manage finding information some labour market parties were asked questions about their experiences of victimization at work and agreements among their members or employees.

Hur bemöts Kina i Afrika? : En mångdimensionell idealtypsanalys av Sydafrikas, Zambias och Zimbabwes bemötande av Kinas ökande ekonomiska intresse

The outset of this study is to contribute to the literature concerning China?s increasing economic interest to engage in the African context, its economies and resource abundandce. The overarching research problem is that the approaches held by the respective African state entities may facilitate increasing development gains for the recipient state of this economic interest in principle. To adress this research problem the study is undertaken by conducting a comparative case study where three cases/states, with presumably diverging economic and political status, are likely to effect their overall state approaches differently.Research questions, which are addressed by the creation of an idealtype analytic matrix, concern whether the states of South Africa, Zambia and Zimbabwe take on a more ?permissive? or ?restrictive? approach towards China?s economic interst and whether the approaches can be looked upon on both aggratege and case/area-specific levels.The main findings are that a clear tendency of the ?permissive approach? may be noted on a aggregate level for all cases.

"Scener ur ett Äktenskap" En uppsats om EG och WTO

EC and WTO have been prosecuting collaboration for some time, which purpose is to liberalize the global market for commerce. There have been some alterations under the last decades. Establishing in other countries than their own is far easier, nevertheless it is getting more difficult. The enterprises demand equal treatment and the countries want to have the most favourable legislation. This has resulted in conflicts between different countries and even between the companies.

Den semidispositiva arbetstidsregleringen : att avvika från Arbetstidslagen genom centrala avtal

The Working Hours Act regulates the working time conditions and together with the Working Time Directive of EU both acts aim to protect the workers. However, with The Swedish Model it is possible to diverge from the law-regulations by collective agreement by the parts of the Swedish labor market. The purpose of this thesis is to examine the national and international law regulations and further on study a few selected Swedish central collective agreements to discover in which extension deviation from the law occur. The sections of the Working Hours Act?s that has been investigated is ordinary working time, daily rest, weekly rest periods, breaks and maximum weekly working time.

Nämndemannasystemet i tiden

When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.

Arbetstidsdireketivets påverkan av den svenska arbetstidslagen : I vilken utsträckning kan parterna på arbetsmarknaden stifta kollektivavtal?

Sweden became a member of the European Union in 1995. When Sweden entered the Union the government also agreed on implementing every law, regulation and directive the Union have and will have in force. One directive the Union wants every country to implement is the Directive (93/104/EG) concerning certain aspects of the organization of working time. This directive includes regulations concerning the relationship between employer and employees. The regulations in the directive must be in force before January 1 2007.One of the main points in the directive is the possibility for the parties on the labour market to reach agreements through collective agreements that deviate from the legislation concerning work hours.

Bosnienkriget och ICTY : -tidens rättvisa?

When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.

Ännu ett steg i vardagen : En artikelserie om livet med en cp-skada

How affected are the sugar production in Mozambique and Tanzania by EU sugar regime? What does the EU sugar reform constitute in these countries?Using theories regarding free trade and anti-free trade, I am able to answer these questions. The aim of this paper is to study how the various sugar agreements with EU affect the sugar production in Mozambique and Tanzania. Therefore I am using a method called a most similar system design in this comparative case study. The conclusion is that the EU sugar regime is the main reason to how the sugar productions in developing countries are.

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