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Found 3 essays matching the above criteria.

  1. 1. Reverse Payment Patent Settlements as Restrictions by Object under Article 101(1) TFEU

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Melina Idolor; [2022]
    Keywords : Pay for delay; Reverse-Payment Patent Settlements; Reverse Payment Patent Settlements; patent settlements; restriction by object; competition law; EU competition law; Pharmaceutical Industry; pay-for-delay; Law and Political Science;

    Abstract : This thesis examines the CJEU’s case law on value transfers between originator and generic undertakings, in the context of patent settlements, to ascertain the criteria for determining when such a practice amounts to a restriction of competition by object. The thesis finds that the CJ’s rulings in Generics and Lundbeck clarifies the treatment of more straightforward RPPSs and follows established case law on restrictions by object. READ MORE

  2. 2. Restriction by Object: A Restriction Based Purely on Experience or Also on Effects?

    University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

    Author : Joar Lindén; [2021]
    Keywords : EU law; EU competition law; competition law; restriction by object; by object restriction; by object types of collusion; anti-competitive object; restriction by effect; context; economic and legal context; counterfactual assessment; Law and Political Science;

    Abstract : Article 101 TFEU prohibits agreements between undertakings that restrict competition either by object or effect. Restricting competition by object or effect are alternative conditions. Problematically, both the concept of a restriction by object and its relation to restrictions by effect are obscure. READ MORE

  3. 3. Is The Safe Harbour Open For Restrictions Of Competition By Object? - An Examination Of The Condition “To An Appreciable Extent” In Light Of EU Competition Law

    University essay from Lunds universitet/Juridiska institutionen

    Author : Max Olsson; [2013]
    Keywords : EU-rätt; EU law; konkurrensrätt; competition law; märkbarhetsbedömningen; appreciability; syftesöverträdelse; restriction by object; restriction of competition; Law and Political Science;

    Abstract : The general goal of the Treaty on the functioning of the European Union is to create a social market economy, where free competition is crucial. The Competition rules, governing the actions of the parties on the Swedish and EU market, aim to prevent conduct that may restrict effective competition. READ MORE