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Found 2 essays matching the above criteria.

  1. 1. Application of the Essential Facilities Doctrine to data: The doctrine's applicability to data in relation to fundamental rights

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

    Author : Linn Månsson; [2022]
    Keywords : EU law; EU Competition Law; Article 102 TFEU; Refusal to supply; Refusal to deal; The Charter of Fundamental Rights; The freedom to conduct business; The right to property; Data; Data access; Law and Political Science;

    Abstract : The thesis examines the development of essential facilities doctrine in EU case law under Article 102 TFEU and further, to what extent can refusal to supply, in particular the essential facilities doctrine, be applicable to data and how do fundamental rights (the freedom to conduct business and the right to property) relate to such extension. The analysis of the development of the case law, especially in the digital context, indicates some differences in interpretation and application of the EFD although the initial criteria of the EFD remains, at least in theory. READ MORE

  2. 2. Freedom to conduct a business as a concept of EU law - How the objectives and rationales of the EU inform the consideration of freedom to conduct a business and individuals in the market

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

    Author : Clara Herrlin; [2020]
    Keywords : law; EU law; CJEU; freedom to conduct a business; article 16 CFR; feminist theory; queer theory; Alemo-Herron; the Straight Mind; Law and Political Science;

    Abstract : This essay seeks to address how power asymmetries or structural biases may affect how European Union (EU) law considers market actors and the freedom to conduct a business, combining EU legal methodology with feminist and queer legal and political theory. The research finds that the EU is a purposive order, whose primary objectives inform the EU legal order and the development of EU law. READ MORE