European Union Law/Competition Law
Answer ONE question
1. ‘By codifying the rights of EU citizens in the ‘host’ state, Directive 2004/38 has empowered the free movement of workers within the EU. At the same time it limits the judicial expansion of those rights by the Court of Justice thus ultimately undermining the further expansion of those rights to the detriment of the EU citizen and to the advantage of the host Member State.’
Discuss the validity of the concerns raised in the above extract.
2. Critically evaluate the EU Commission’s and the Court of Justice’s interpretation of Article 102 of the Treaty, with particular reference to:
a) the ‘inter-changeability’ and the ‘SSNIP’ tests
b) what is meant by a ‘substantial’ part of the market
c) the development of the ‘essential facilities’ doctrine and why this doctrine is considered controversial.
3. In 2016, Mo and Noor, two Bangladeshi nationals, arrived on a flight from Bangladesh to London Heathrow. On arrival, they immediately applied for asylum and were housed in Hounslow detention centre until a decision was made. Whilst awaiting the outcome of their application, Noor gave birth to twin boys in September 2018. The twins acquired British nationality under UK (imaginary) law.
Last month, the couple were told that their application had been unsuccessful. They were served with an immediate deportation order via SMS text message. They are scared to return to Bangladesh as they fear they will be tortured as they were ‘deserters’ from the army who fled to the UK.
Meanwhile, Salman, a Pakistani national married to Katrina a Scottish/Irish dual national, has been told he must leave the couple’s home in Aberdeen in one month’s time as he over-stayed his original six-month tourist visa which expired a year ago. The couple have no children, are unemployed, live on state benefits and have previous convictions for peddling ‘soft drugs’. Katrina decides to invoke her EU rights by moving to Dublin so that Salman can join her there with a view to moving back to the UK as soon as possible with her husband.
Katrina’s brother Robert is enraged at his sister’s plight. He has dual UK/Russian nationality. He decides to leave the UK for good and make a new life in Germany as ‘life in the UK is unfair’. He is prevented from moving to Berlin as German law states that in relation to dual nationals your place of birth determine your nationality. Robert was born in Moscow.
Advise Mo, Noor, Salman, Katrina and Robert as to their respective rights under EU law as a result of the above (imaginary) laws/events.
4. Macrosoft is a manufacturer of computers and has a 27% share of the laptop market in the EU. It wishes to revise its dealings with distributors in Denmark, Estonia and Finland and seeks your advice on whether the following can be included in its existing arrangements with them. Macrosoft conducts all its correspondence with these firms via email.
Advise Macrosoft on whether the following complies with the relevant EU competition law rules:
(a) Macrosoft wants to ensure that each of its distributors has a guaranteed ‘sales territory’ by preventing them from selling to customers in the territory of any other Macrosoft distributor.
(b) Macrosoft wants its Danish distributor to stock only its own range of spare parts, its Estonian distributor to provide an after-sales service and demands that its Finnish distributor must only sell Macrosoft range of electrical products.
(c) Macrosoft wants all three distributors to adhere to its recommended price list for each individual territory and to increase prices by 10% every three months.
If you advise Macrosoft that any of the above breaches Article 101 and your advice is ignored, explain the possible penalties Macrosoft may be faced with. Is there any possibility that Macrosoft may be able to escape liability under the EU competition law rules?
5. “Financial and non-financial charges and all other measures having equivalent effect to customs duties and quantitative restrictions on the free movement of goods within the EU are outlawed by the EU Treaty.”
Explain how the above is achieved and whether there are any circumstances where exceptions can be legitimately made.
END
NOTE: Answer question 1, or 2, or 5…
This is 3000 words Essay…
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