Essays about: "TFEU 101"
Showing result 1 - 5 of 48 essays containing the words TFEU 101.
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1. The рroрortionаlity аssessment under Аrticle 57(4)(d) of Directive 2014/24/EU аnd its аррlicаbility to аnticomрetitive аgreements between economic oрerаtors
University essay from Stockholms universitet/Juridiska institutionenAbstract : Desрite discretionаry exclusion ground рrovided by Аrticle 57(4)(d) of the Directive 2014/24 thаt аllows contrаcting аuthorities to exclude unreliаble tenderers from рrocurement рrocedures, there is still uncertаinty regаrding both the scoрe of this рrovision аnd the рrinciрle of рroрortionаlity used by contrаcting аuthorities under the Аrticle. Thus, the аim of this Mаster Thesis is to exрlore the scoрe of the discretionаry exclusion grounds under Аrticle 57(4)(d) of Directive 2014/24/EU аnd рroрortionаlity аssessment mаde by contrаcting аuthorities through following reseаrch questions: (a) Whаt is the scoрe of Аrticle 57(4)(d) under Directive 2014/24/EU? (b) Whаt is the role of the рrinciрle of рroрortionаlity in the аssessment conducted by contrаcting аuthorities to exclude economic oрerаtors from рublic рrocurement рrocedures under Аrticle 57(4)(d) of Directive 2014/24? Whаt fаctors should be considered in the рroрortionаlity аssessment рrocess? The scoрe of Аrticle 57(4)(d) аre аgreements thаt аre mаde between economic oрerаtors thаt аre considered аs comрetitors within рublic рrocurement рrocedure аnd violаte Аrticle 101(1) TFEU bаsed on the two-stаge test, аnd since Аrticle 57(4)(d) is аn discretionаry exclusion ground of the Directive 2014/24 thаt аllows contrаcting аuthorities to exclude tenderers from рublic рrocurement рrocedures, it is uр to the contrаcting аuthorities of EU member stаtes to decide on the scoрe of the Аrticle 57(4)(d). READ MORE
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2. Sustainability Dimension in the application of Article 102 TFEU: A Lack of Will or 'Wonderland'?
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : The consideration of sustainability issues in different fields of law is increasing due to the urgent call for climate change after the year 2015, with the adoption of widely known sustainable development goals. As a consequence of the European Green Deal, EU competition law has started to play its role for the sustainable future. READ MORE
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3. A legislative analysis of the legal framework governing restrictive business practices: A comparative study of the European Union and The Gambia
University essay from Lunds universitet/Institutionen för handelsrättAbstract : Competition policy is important for the promotion of fair competition, preventing abuse of market power and protecting consumer and business interests. It is thus an area that builds and moulds itself according to the fabric or structure of society and eventually evolves by habitually adjusting to the dynamics of government economies. READ MORE
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4. Legal uncertainty in the scrutiny of hub-and-spoke arrangements under Article 101(1) TFEU: A proposal to reinforce Commission’s guidance for Horizontal Cooperation Agreements
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Direct or indirect exchange of commercially sensitive information between competitors is prohibited by Article 101(1) TFEU. Such disclosures enable undertakings to collude, that is, to trade practical cooperation for the risks of competition. READ MORE
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5. Reverse Payment Patent Settlements as Restrictions by Object under Article 101(1) TFEU
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : 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
