Hi again

Competition Law was today’s subject. Not the easiest subject to handle, but very important since it is one of the main subjects regarding the internal market in EU.

You must first understand the concept of ”free movement of goods” within the internal market which means that quantitative restrictions on import and export to/from Member States are forbidden, art 34 and 35 TFEU. However art 36 TFEU allows restrictions justified on grounds of e.g. protection of industrial property. But art 345 TFEU says that The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership. Since National IP-Law often will restrict import and export the ECJ have ruled that the specific subject matter regarding IP Property rights shall be separated from the exercise of the rights. It means that art 345 TFEU only regulates the specific subject matter and the ECJ can decide questions regarding the exercise of the rights. The ECJ have ruled that National IP-Law can not on the grounds of IP-rights prohibit parallel import.

When this is clear to you then you move over to art 101 TFEU. It is very important that you can break down the sentence into all separate prerequisites. Study the paper regarding art 101 TFEU that you will find on the homepage. You must know the definitions of e.g. ”agreements”, ”undertakings” and ”concerted practices”. When you feel that you understand art 101 continue to art 102. Remember that it is not against the Law to have a dominant position on the relevant market. It is the abuse of that dominant position that is illegal. Read the highlighted parts of The Swedish Competition Act that you will find on the homepage and read the Brochure that you will find in the reading instructions for today’s lecture.

Hope you are still alive 😉

Take care
Best regards,
Krister

13 Responses to “Mälardalen University, Introduction to Commercial Law, Lecture 12”

  1. Is it possible that you could publish another example exam / or questions regarding the different topics? Its a good way to test the studied knowledge and to get an idea what you expect from us (how deep we have to go in reading the books and studying them). Thank you very much 🙂

  2. Hej,

    unfortunately I can´t come tomorrows lecture..i really hope you are planning to record it? and also Ingers part?

  3. Hi Christer
    i don’t know if it’s me being daft or if others wonder about tomorrow’s seminar as well. What exactly should we be prepared to do? – just being able to discuss the case? present our paper in front of the others? Answering questions from you and Inger about it?
    Thanks!

    • Hi

      Prepare to answer questions regarding your paper. And we will have a general discussion.

      Best regards
      Krister

  4. Hi, Krister.I just want to know if what I say the following is right:1.The direct effect can be both vertical effect and horizontal effect 2.indirect effect just moves around the circle of national law and don’t have any effect on national law.3. Since the directive give room for discretion for the MS,so a directive can be implemented and can not be implemented sometimes.
    If I say something wrong ,please correct it. Thank you!

    • Hi
      I’m sorry but you don’t get it right 🙁
      I will do a short movie on the subject in a few days.
      After you watch the movie you will get it right 😉

      Best regards,
      Krister

      • Did you mention that in a movie if yes in which one?really confusing this direct and especially the indirect effect :(…

      • what of this is exactly wrong? direct effect is either vertical direct effect or horizontal direct effect or? and indirect effect is that a directive can also have a horizontal effect when its wrong implemented or?

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