Björn Lundqvist – författare

Europarätten har fått ett stort genomslag och intar numera en central roll i de nationella rättsordningarna. Detta tack vare medlemsstaternas och de nationella domstolarnas övervägande acceptans av europarätten trots att den griper in, påverkar, förändrar, tar över och i vissa fall till och med underkänner nationell rätt. Acceptansen är dock inte ovillkorlig utan europa rätten bygger på en levande dialog; ett kritiskt utbyte av tankar. Avsikten med boken Kritiskt tänkande inom europarätten är att den ska, tillsammans med en huvudbok i europarätt och väl anpassade seminarieövningar, refl ektera över de underliggande rättsliga spänningsfälten och utmaningarna som EU ständigt står inför. Boken utgör på så vis ett steg på vägen för juridikstuderande till ett självständigt kritiskt förhållningssätt till europarätten.

This book provides an analytical overview of the function and application of competition law and intellectual property (IP) law in the pharmaceutical and biotechnology sectors. It offers a general introduction to the foundations and principles of competition law and its interface with intellectual property law, as well as a brief scientific preface, and an overview of the competitive environment and innovation system in which the pharmaceutical industry operates. It presents and discusses practices and conduct that have been identified as allegedly anticompetitive, analysing them from the perspectives of both competition and intellectual property law. The book discusses the issues raised by the 2009 EU (European Union) Pharmaceutical Sector Inquiry in depth, with reference to the case law that has developed since the Inquiry was published. In particular, the book scrutinises the cases and investigations in the European Union and United States regarding 'pay-for-delay' and other settlement agreements, the misuse of the patent systems, the misuse of the courts, and the alleged misuse of the regulatory system by pharmaceutical companies. It considers co-marketing, co-promotion, and co-branding from an antitrust perspective. There is discussion of different patent strategies and whether they violate competition law or patent law. The book also covers the introduction of the unitary patent in Europe, the Unified Patent Court, and their implications for the utilization of competition law.The book describes and explains developments relating to competition law and intellectual property law in the relevant sectors, putting them into context from both a theoretical and practical perspective. It addresses important competition law issues that arise where IP rights are acquired and utilised in Europe. It also contains useful guidance on how to deal with competition issues that arise within the intellectual property framework, and discusses when competition law is applicable and when exemption under intellectual property law may be applied. This comprehensive and detailed analysis is invaluable to practitioners, researchers, and students alike.

This open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Network for European Legal Studies.

This open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Network for European Legal Studies.

This open access edited collection, the most recent volume in the landmark series Swedish Studies in European Law, takes an ambitious look at the nature and impact of the European Union.Drawing on expert analysis, it offers a dual perspective by addressing pertinent questions about the constitutional nature of the Union, as well as the evolution of its Internal Market. This approach has never been more timely as the role of the EU in an increasingly turbulent geo-political environment is both important and challenging. Lawyers as well as others will find this an invaluable assessment of the EU and its power to bring about change.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Standardization under EU Competition Rules and US Antitrust Laws is a comprehensive and detailed legal analysis of standard-setting procedure and the regulation of standard essential patents. It deals with the competition law aspects of competitors' collaboration to create technical standards, as well as the contentious antitrust issues regarding access to standards and standard essential patents.The book shows that there is a clear difference between how standardization is scrutinized and judged in the two jurisdictions. In general, US courts use intellectual property law to address access to standard essential patents, while European courts utilize antitrust rules. Both avenues hold their specific benefits and disadvantages. However, the dichotomy between the tools used in the two jurisdictions also, according to the author, mirror a more fundamental change in attitude to central notions and values such as property, fairness, equity, public interest and competition.Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called 'patent war', the book puts forward a new method for applying competition law to standards and standard-setting - in both its collusive and monopolistic aspects - that will be of special interest to students, academics and practitioners.

Due to disagreement between policymakers and innovation economists, antitrust agencies have been rather confused over when and how to use competition law in reference to research and development (R&D) joint ventures and collaborations. This important book dissects the antitrust treatment, in the USA and under EU law, of joint R&D ventures from the 1970s to the present day. It provides a comprehensive analysis of the modifications and amendments made to legal acts and guidelines. It also looks at the slow shift in the scant case law detected both under the antitrust laws of the USA and the competition rules of the EU.Björn Lundqvist demonstrates that the prevailing antitrust policies towards R&D collaborations are very similar in the USA and the EU, and that they both mirror a lenient attitude towards collaboration between competitors. Nonetheless, ultimately, the book shows that a more stringent attitude from the antitrust establishment can be discerned, and that the concept of the innovation market could possibly soon have a revival.This fascinating book caters to both researchers and practitioners in competition law and economics. The easy-to-follow chart and boxes will be particularly useful for practitioners when setting up R&D joint ventures.

The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem.Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners.Contributors include: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, M.S. Gal, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. Voss

"This book makes a timely and unique contribution to the field of European Union studies drawing on interdisciplinary insights from economics, law and political science to shed light on crucial questions relating to the depth and size of the EU in times of war, including enlargement, migration, citizenship, and new technologies. The broad scope of the book will be highly useful for scholars, practitioners, and students interested in how the EU grapples with these pressing challenges."- Niklas Bremberg, Associate Professor of Political Science, Stockholm University, SwedenThis open access book, the eighth volume in the series of Interdisciplinary European Studies, explores the implications of the EU’s size and depth at a time of war in Europe. Russia’s fateful decision to invade Ukraine in 2022 has put the question of EU enlargement back on the political agenda and, again, the implications of a larger and more diverse EU bring key principles of integration to the fore. Addressing these issues, scholars from economics, law, and political science provide insights from previous EU enlargements and the UK’s withdrawal from the EU. Based on up-to-date research findings, they provide succinct assessments of the challenges facing the EU in areas such as immigration, labour market integration, and adaptation to advanced technologies. To conclude, each chapter offers policy recommendations for decision-makers on European and national levels.

"This book makes a timely and unique contribution to the field of European Union studies drawing on interdisciplinary insights from economics, law and political science to shed light on crucial questions relating to the depth and size of the EU in times of war, including enlargement, migration, citizenship, and new technologies. The broad scope of the book will be highly useful for scholars, practitioners, and students interested in how the EU grapples with these pressing challenges."- Niklas Bremberg, Associate Professor of Political Science, Stockholm University, SwedenThis open access book, the eighth volume in the series of Interdisciplinary European Studies, explores the implications of the EU’s size and depth at a time of war in Europe. Russia’s fateful decision to invade Ukraine in 2022 has put the question of EU enlargement back on the political agenda and, again, the implications of a larger and more diverse EU bring key principles of integration to the fore. Addressing these issues, scholars from economics, law, and political science provide insights from previous EU enlargements and the UK’s withdrawal from the EU. Based on up-to-date research findings, they provide succinct assessments of the challenges facing the EU in areas such as immigration, labour market integration, and adaptation to advanced technologies. To conclude, each chapter offers policy recommendations for decision-makers on European and national levels.

“The international system has become turbulent and unpredictable, presenting major challenges for the European Union. Yet the EU is not just adapting to the new volatile environment but is also actively shaping the world around it. Through its multidisciplinary approach and insightful analyses, The EU Charting its Course in a Geopolitical World is essential reading for scholars and policymakers interested in how the EU is navigating the geopolitical shift.”—Tapio Raunio, Professor of Political Science, Tampere University, FinlandThis open access and the ninth edition of Interdisciplinary European Studies, The EU Charting its Course in a Geopolitical World, explores whether the EU’s evolving policy framework and expanded powers are adequate to respond to an increasingly volatile international landscape. This open access delves into the EU’s responses across key domains—trade, strategic investments, military rearmament, public health, and corporate sustainability. Drawing on expertise from economics, law, and political science, the volume offers a multidisciplinary perspective on the EU’s emerging trade toolbox, its role as a market power, the shift to a green the economy for business and households, and its push for deeper cooperation in the area of industrial military production. Each chapter is grounded in current research and provides concise analyses of the current state of affairs and contemporary debates. Concluding with a set of policy recommendations, the volume serves as a valuable resource for European and national policymakers.

Introduction to EU Internet Law provides a thorough introduction to the parts of European Union law that are particularly relevant to the Internet, including electronic commerce. Its eleven chapters introduce, analyse and discuss a variety of legal topics and their application to activities on or relating to the Internet. This book will serve as a valuable resource for lawyers, legal academics and law students who wish to familiarise themselves with Internet law or update their knowledge. It is also suitable as a general introduction for readers without a law background whose skills may be more technological than legal. Outline Contents 1 Law, Internet and the European Union 1 Jan Trzaskowski 2 Platform Regulation 27 Andrej Savin 3 Freedom of Expression, Content Control and ISP Liability 53 Andrej Savin 4 Privacy and Personal Data 95 Jan Trzaskowski 5 The Internal Market 173 Andrej Savin 6 Competition Law 207 Björn Lundqvist 7 Marketing Law 287 Jan Trzaskowski 8 Intellectual Property Law 345 Björn Lundqvist 9 Contract Law 403 Patrik Lindskoug 10 Performance of Contracts: Sales Law and Payments 431 Andrej Savin 11 Jurisdiction and Applicable Law 463 Patrik Lindskoug Jan Trzaskowski, Ph.D., is Law Professor at Copenhagen Business School and Aalborg University. Since the mid-1990s, he has dealt with legal and regulatory aspects of information technology. Andrej Savin, Ph.D., is Law Professor at Copenhagen Business School. His main research interests relate to information technology law, in particular Internet governance in the US and in Europe. His primary focus is on EU policymaking in the digital single market. Björn Lundqvist, LL.D., is Associate Professor at the Faculty of Law, Lund University. He has worked with commercial law and international e-commerce law since the mid-1990s. His major fields of interest are commercial law, international and comparative private law and property law. Patrik Lindskoug, LL.D., is Law Professor at Stockholm University. His research focuses on innovation, competition, property and law, and he takes a particular interest in the regulation of the digital economy.