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- Bergman, Jon, 1978-
(författare)
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Concentrations in the EU pharmaceutical sector : The protection of effective competition under Council Regulation No 139/2004 on the control of concentrations between undertakings
- 2018
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- A central element of competition law consists in the control of concentrations, that is, the changes in the competitive structure resulting from mergers and acquisitions. By controlling concentrations with a Union Dimension, the European Commission ensures that effective competition will not be significantly impeded, in particular by the creation or strengthening of dominant positions. Within the EU, the central legislation is Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings. Under the Regulation, the Commission has the power to declare concentrations incompatible with the internal market and prohibit them in whole or in part. The dissertation examines the Commission's application of the Regulation in the pharmaceutical industry. The pharmaceutical industry exhibits many special features in comparison with other economic sectors, not least because it comprises extensive sector-specific regulation governing the development, manufacture and sale of pharmaceutical products.The study comprehensively explores situations where the control of concentrations is affected by the special conditions characterising the market for pharmaceuticals. Besides providing an overview of the reasons why mergers and acquisitions should be checked, the contents of the Merger Regulation, and the relevant sector-specific regulation, the dissertation examines the definition of the relevant market for pharmaceutical products, how the substantive test in the Regulation is interpreted and applied, and the remedies that may be necessary when pharmaceutical companies merge.
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| 2. |
- Johansson, David, 1986-
(författare)
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Skada och ersättning vid immaterialrättsliga intrång
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Damages are the only remedy in the law of intellectual property (IP) through which rightsholders may recover compensation following an infringement of their rights. Because the intellectual property framework’s main goal is to protect rightsholders’ investments, one might believe that damages would serve an important role in the majority of infringement cases. This has not been the case in Sweden.Determining intellectual property damages is often considered difficult. The perceived difficulties and associated risks have often discouraged rightsholders from either claiming damages at all or from spending the resources necessary to provide the necessary investigation and legal argumentation. Considerable uncertainty remains, despite the fact that the current regulatory framework for intellectual property has been in place for many years, with provisions made clearer through the implementation of the so-called Enforcement Directive (2004/48/EC). This uncertainty is not only detrimental to IP rightsholders but also may increase burdens on infringers to defend themselves against unfounded damage claims.This dissertation takes a closer look at the intellectual property provisions on damages in Sweden and Article 13 of the Enforcement Directive in light of the decisions of Swedish courts and the Court of Justice of the European Union. The analysis focuses on the inherent tension between the concept of actual damage, or prejudice, and the principles that guide the actual determination of the damages. In doing so, the dissertation continuously discusses and evaluates the different possibilities inherent in the relevant legal provisions. It strives to go beyond the specific questions regarding the pure calculation of damages in order to provide some insight into the legal and systematic challenges in effectuating them. The dissertation also addresses several issues regarding evidentiary thresholds and traditional tort law concepts, such as causation, and focuses on what happens when we try to apply traditional models within an intellectual property context.
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