LAW102c Questions With Complete Solutions, Exams of Leadership and Team Management

Download LAW102c Questions With Complete Solutions and more Exams Leadership and Team Management in PDF only on Docsity! LAW102c Questions With Complete Solutions Name the two current treaties of the EU (Check all that apply) TEU TEUL GATT TFU TFEU - AE What was one of the main features of the Treaty of Maastricht? The Charter of Fundamental Rights was adopted. The name European Economic Community was changed to the European Union. The Court of Justice of the EU was established. It established a European Constitution. - B By which treaty did the Charter of Fundamental rights become binding? Treaty of Maastricht Treaty of Rome Treaty of Amsterdam Lisbon Treaty Treaty of Nice - D Which of the following statements are true? (Check all that apply) The Council is made up of ministers, such as the ministers of agriculture, the foreign ministers, etc. The European Council and the Council are different names for the same institution. The European Council consists of Heads of States or Governments. The European Council sets out overall guidelines for EU policies, while the Council has legislative functions. - ACD Which institution elects the President of the European Commission? The European Parliament. The Council The Court of Auditors. The European Commission. The European Council. - A What are some of the functions and roles of the European Commission? (Check all that apply) It proposes new Legislation. It acts as the "Guardian of the Treaties". It sets out general guidelines for EU policies. It oversees the practice of the other institutions of the EU, such as the Council. - AB What is the role of the Advocate General? To provide advice to the Court in the form of an opinion. It acts as a defense attorney for individuals who have brought cases before the court. It has the casting vote when the court rules. - A What happens if a country withdrawing from the European Union has not been able to agree on the terms of withdrawal within the two year period provided by the TEU? The Country will automatically be included in the existing EEA collaboration. If the period is not mutually prolonged the country is excluded from all EU collaboration. The Country remains member and a new exit application procedure could be restarted - B Which principles are covered by the TFEU environmental policy? "The precautionary principle" "The principles of preventive action" "The principle that environmental damage should be rectified at source" "The polluter pays principle" - ABCD Question 10 The environmental chapter requires that environmental requirements must be integrated into all Union policies and activities, with a view to promoting sustainable development. What other stipulations in the Treaty have explicitly been given such broad impact? Competition policy Human health protection Employment policy Consumer protection - BD What is the name of the main legal database of the EU? did not have competence to ban the import of seal products. You are a lawyer advising the EU institutions. What is your advice? Argue that animal welfare is a legitimate interest of both the member states and of the EU, and therefore the EU has competence to legislate where this is - C An important tool in the EU legal toolbox to maintain legal certainty and uniform application of EU Law is the possibility for national courts to ask the European Court of Justice for a preliminary ruling. This is usually done when a question of interpretation of EU law arises before a national court of last instance and that court considers that an ECJ decision on this question is necessary to produce a judgment in the case before it. In fact, in such cases the judge of the court is obliged to send a reference to the ECJ. But what about the lower courts, can they also send reference to the ECJ? Yes, all national courts to send references for preliminary rulings to the Court of Justice of the EU. No, this possibility is only available to the court of last instance - A Which one of the principles below is a principle that stems from the national legal orders and is not unique to the EU legal order? Principle of primacy Principle of EU conform interpretation Principle of direct effect Principle of legal certainty - D According to an EU directive, the Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks. Emma Larsson works for a private employer who refuses to grant her the said four weeks of annual leave, since she has been on sick leave during the better part of the past year. According to the national applicable law, a company only has to grant paid annual leave to employees who have actually been working during at least half of the reference period (constituting the past year). However, said national law also stipulates that certain absences, such as those due to maternity leave or work- related accidents, shall count as periods of actual work for the purposes of calculating the length of paid leave that an employee is entitled to. Emma's employer claims that her sick leave cannot count as a period of actual work and that she has, hence, not actually - A Which of the below statements are true about regulations? (Check all that apply) Regulations have to be transposed by the national legislator into the national legal order. Regulations should never be transposed by the national legislator into the national legal order. The parts of a regulation that gives raise to right of individuals must be transposed by the national legislator into the national legal order. If a regulation develops a general principle of EU law (e.g. the principle of legal certainty), the regulation is considered to form part of primary EU law. Regulations always form part of secondary EU law - BE What is the basic condition that must be fulfilled for the EU Charter to become applicable? The circumstances must have taken place in Europe The applicability of national law The applicability of EU law That there is a violation of a subjective right - C Where would you find the basic text in the Treaties on proportionality in the exercise of Union competence? Art 5 TEU Charter of Fundamental Rights Art 19 TEU Art 6 TEU - D A national law of Factoria (an imagined EU member state) stipulates that owners of fishing vessels registered in Factoria must be resident in that member state. Non-Nationals of Factoria are much less likely to be resident in Factoria than nationals, so the practice puts non-nationals at a disadvantage, and so it is likely to be indirectly discriminatory on grounds of nationality. What does this mean? That the national law breaches EU law. That the national law will breach EU law unless Factoria can show that the difference of treatment is justified on grounds allowed by the Treaties. - B Complete the following sentence: Direct discrimination occurs when a person is treated less favourably ________ their status. despite because of notwithstanding undeterred by - D Complete the following sentence: In areas where the EU has shared competence, as soon as the EU legislates to regulate a particular area, member states are ___________________ also legislate on the same area. encouraged to allowed to no longer allowed to - C Under which provision can private persons/companies bring an action for annulment against an EU measure? Article 261 TFEU Article 263 TFEU Article 265 TFEU Article 267 TFEU - B What are valid grounds for review under the action for annulment? Lack of competence Infringement of an essential procedural requirement Infringement of the treaties Infringement of a rule of law All the above - E Mutual recognition. Supremacy Non-discrimination - D On which grounds can derogations be made to the freedom of establishment and the freedom to provide services? (Check all that apply) Public policy Consumer protection Public security Environmental protection Public health The rule of reason - ACE What status is established by Article 20 TFEU? Worker status. Citizenship of the Member States. Minority status. European Union citizenship - D Which transport service falls under the general Treaty provisions on the free movement of service? Train Air transport Road transport Inland waterways - B In which field in the External Dimension does the EU have exclusive competence? Common Defence Policy Common Security Policy Common Environmental Policy Common Commercial Policy - D Article 218 TFEU establishes the procedure by which agreements between the European Union and third countries or international organisations shall be negotiated and concluded. In this procedure, which is the most important EU institution? The European Council The European Parliament The European Commission The Council - D Does WTO law have direct effect in EU law? Yes No - B Which of the following fields is the Common Security and Defense Policy (CSDP) an integral part of? TheCommittee for Civilian Aspects of Crisis Management (CIVCOM) The Common Foreign and Security Policy (CFSP) The Common Commercial Policy (CCP) The ECT - B How is new EU legislation made part of the EEA Agreement? By the European Commission By the EEA Joint Committee By the European Parliament By the EFTA Surveillance Authority - B Is there any obligation for EU Member States to support each other in the event of terrorist attack? Yes No - A Please decide if the following statement is true: The European External Action Service and the High Representative (EEAS) is an EU institution and stands responsible for the external policy making. True False - B What kind of EU policies does the EEA agreement also cover? (Check all that apply) Rules of competition A common defense policy Environmental goals - AC What is one of the main roles of the European Parliament in the field of external relations? It must give its consent before the EU concludes most types of international agreements. It has no major role in the external dimension. It must give its consent before any EU member state concludes an international agreement that might effect other member states' foreign policy. - A In what way is the Court of Justice of the EU important in the field of external relations? It decides on the delimitation of external competence between the EU and its member states. It has little importance in the field of external relations. It must always rule on the constitutionality of all international agreements concluded by the EU. - A In forging a long-term business strategy, what appears to lead to a better result? A successful agreement where one's principle wins on all items A rapid establishment of subsidiaries in all EU Member States A step-by-step approach where the grounds are tested and balanced relations achieved - C What type(s) of middleman agreement is more affected by EU competition law? The agency agreement The licensee agreement The distributorship relation - BC When an Agency relation with unlimited term expires, the agent has a mandatory right to: Compensation for investments he has made Prolong the agreement on an annual basis A limited indemnity covering his loss of future Commission on transactions he has organized - AC Which of the following provision(s) is/are hard core prohibited in distributorship agreements: An undertaking not to challenge the patent protection held by the producer A prohibition to sell the products to customers who intend to export the product outside the distributor's territory A recommended sales price of 9.99 EUR - B What is the name of the document that is commonly used in international sea carriage of goods? Sea waybill SkipSubmit - E Which two of the following alternatives are not types of competence that the EU has? Shared competence Divided competence Exclusive competence Supporting competence Conferred competence - BE Have a look at Article 114 TFEU. Would you categorize this Article as broad or narrow in terms of how far the EU can stretch its competence to legislate? Broad Narrow - A Which of the following statements is true about regulations? (Check all that apply) They are binding in their entirety. They are directly applicable in the Member states and mustn't be transposed into national law. They are binding as to the result to be achieved only. - AB Let's recap the concept of direct effect. Which are the three conditions that need to be met in order for a Directive to have direct effect? (Check all that apply) The provision should not be dependent on implementing measures. The provision must have direct applicability. The provision has to be clear and precise The provision has to contain an unconditional right or obligation. - ACD Have a look at Article 13 in the Treaty on European Union (TEU) and mark the institutions mentioned in the article. (Check all that apply) The European Commission The European Council The European Parliament The European Central Bank The Court of Justice of the European Union The Court of Auditors The Council The European Ombudsman - ABCDEFG Take a look at the following European Case Law Identifier (ECLI) number. EU:C:2007:809 What does the C stand for? It represents the court that rendered the decision. In this case the Court of Justice. It means that the case belongs to the C-series in the EU legal database. It's been translated into the Czech language. SkipSubmit - A Open the Curia database and look up the case C - 438/05. Who are the parties in the case? Commission of the European Communities v Kingdom of Sweden. International Transport Workers' Federation and Finnish Seamen's Union v Viking Line ABP and OÜ Viking Line Eesti. Otmar Greser v Bundesagentur für Arbeit. - B Do you remember what the main role of the European Commission is? It represents the EU in all foreign negotiations. It acts as the "Guardian of the Treaties" and proposes new legislation. It acts as a mediator between Member states. - B What is true about the following legislative act? (Check all that apply)COM (2015) 13 final It has been issued by the Council. It has been issued by the Commission. It was published in 2013 It was published in 2015. It's the final version. - BDE Can you name the four levels of fundamental rights protection in the EU that Magnus discusses earlier in this lecture? Fundamental rights as general principles The Charter of Fundamental Rights The application of fundamental rights by national courts in the Member States. The future accession of the EU to the European Convention of Human Rights United Nations tribunals. - ABCD The Charter is applicable a) when EU Law is applied and b) when the Member States apply EU Law - AB How do Koen Lenaerts and Piet van Nuffel explain the principle of proportionality? The principle of proportionality serves to assess the legality of an exercise of power where an admittedly legitimate aim is pursued, but at the same time other objectives deserving of protection are damaged. Proportionality decides the limits of EU competence versus the competence of the Member States. Proportionality assessments are superfluou - A Do you remember how many steps there are in the proportionality assessment? Also, do you remember what the steps are? Four steps. Five steps. Three steps. Two steps. - C Can treating two people the same be discriminatory? Yes No - A What should a national court do if finds that an EU law measure (e.g. a Commission decision) is incompatible with the general principle of legal certainty? Apply the EU measure, regardless of the violation. Ask a preliminary question to the ECJ, pursuant to Art 267 TFEU. Declare the EU measure null and void - B Which one of the four freedoms of the internal market is also part of the earlier stages of economic integration? Free movement of services Free movement of persons Free movement of goods Free movement of capital - C What is negative integration? Harmonisation of national laws in the form of EU legislation The withdrawal of a Member State from the EU A deregulatory approach to strike down national measures which are breach of treaty provisions - C Yes, because without free movement of capital, all the other freedoms are pointless. No, free movement of capital is only a secondary freedom. - A In Italy, a rule requires a foreigner buyer to make an application to State for an approval before a foreigner can buy property. In Spain, a similar rule exist that apply both to Spanish and foreign buyers in the same way. Are these rules a restriction on the free movement of capital? The Italian case is. The Spanish case is. Both are. - C Provided that a legitimate reason exists, who is allowed to impose restrictions on the free movement of capital? The EU. The Member States. Both. - C Look up Article 47 TEU. What can be said to be true about the EU in light of this article? The EU can only act in the external dimension if there is consensus among all the Member States. The EU is an international organization with legal personality, which exists distinct from its Member States. The EU can have no independent foreign policy distinct from the Member States. - B Which of the following statements are true? The procedure for the conclusion of international agreements is regulated by article 218 TFEU The Council initiates the procedure of concluding new international agreements. The Commission shall approve the opening of negotiations, adopt negotiating directives, authorize the signing of agreements and conclude them. - A Have a look at the articles that Magnus mentions (Articles 206 and 207 TFEU) and contemplate the following question: In light of the mentioned articles, what is a key feature of the Common Commercial Policy? High tariffs. Uniformity - B Before we continue, do you remember which of the following alternatives that states the three main factors guiding the EU development policy? Complementarity, Coherence and Coordination Coherence, Coordination and Confederacy Complementarity, Coherence and Consideration - C Have a look at Article 2(4) TFEU. What does this provision establish? That only the Member States shall have competence to define and implement a common foreign and security policy. That the EU shall NOT have competence to define and implement a common foreign and security policy. That the EU shall have competence to define and implement a common foreign and security policy. - C Do you remember what the abbreviation CFSP stands for? Common Foreign and Security Policy Commercial Foreign Sanction Policy Common Field of Social Policy - A Does the EU have express competence in energy policy matters? No Yes - A Which are the main areas in the external dimension of freedom, security and justice? Immigration, judicial cooperation in civil and criminal matters, approximation of criminal law, police cooperation, and fundamental rights protection. Agriculture cooperation, environmental protection and health issues. Cultural exchange, linguistic harmonization, and education. - A How is EU legislation incorporated into EEA Agreement? Decisions to incorporate EU legislation in the EEA Agreement must be approved both by the parliaments of the EFTA states as well as by the European Parliament. Decisions to incorporate EU legislation in the EEA Agreement are taken by the EEA Joint Committee, where the EFTA States and the EU have one vote each and decisions are taken by unanimous vote - b Take a look at Article 6 EEA. Which principle is enshrined in this article? Proportionality. Direct effect. Homogeneity - C The length and complexity of international trade negotiations between the EU and a third country may depend on: The use of an Investment Court System for dispute settlement The type of competence(s) affected by the agreements The EU willing and able to align its standards to those applicable in the third country The third country willing and able to align its standards to those applicable in the EU - BD As a small company in the EU, how would you be able to benefit from an international trade agreement, such as CETA? recognition of certificates in the foreign country Lower environmental requirements to comply with Access to the foreign market Elimination of tariffs/customs duties on products exported - ACD In European Union law there is at present but one company form: The European Company. Nonetheless there are as many possible types of European Companies as there are member states. How can this be? It can´t be, the statement is incorrect Because every member state adds its cultural flavor to any European Company set up in that member state Because to a fairly large extent national law is applicable to European Companies - C What is meant by "regulatory competition" with regard to company law within the European Union? That companies from different member states compete with each other by adapting their by-laws to the preferences of investors in other member states That different interest groups compete with each other in order to influence the development of European Union company law That member states compete with each other by adapting their national company law in order to attract primary establishments of companies - C The Employer Insolvency Directive (2008/94/EC) The Transfers of Undertakings Directive (2001/23/EC) - ADE The (2001/23/EC) Transfers of Undertakings Directive regulates some aspects of employment protection. A transfer of an undertaking does not in itself constitute grounds for dismissal, but does not stand in the way of dismissals due to economic, technical or organisational reasons. True False - A The important Laval judgment (Case C-341/05) from the Court of Justice of the European Union deals with posting of workers, the right to industrial action and ... ... the freedom to provide services ... the freedom of establishment ... the free movement of capital - A The aim of the (96/71/EC) Posted Workers Directive is to enable the free movement of persons and services and to provide protection for workers in the case of the posting of workers and the transnational provision of services. False True - B Which of the following EU labour law directives regulate different forms of flexible work? Please select all that apply. Temporary Agency Work Directive (2008/104/EC) Part-Time Work Directive (97/81/EC) Fixed-Term Work Directive (99/70/EC) Employer Insolvency Directive (2008/94/EC) Posted Workers Directive (96/71/EC) - ABC The (97/81/EC) Part-Time Work Directive, the (99/70/EC) Fixed-Term Work Directive and the (2008/104) Temporary Agency Work Directive provide protection for employees through a specific principle, which? Several answers could be correct. The principle of mutual recognition The principle of of legal certainty The principle of non-discrimination The principle of equal treatment - DE The EU mainstreaming approach as regards gender equality and non- discrimination means that the EU in all its activities and policies must aim to eliminate inequalities, to promote equality between men and women and to combat discrimination. True False - A What does the following definition refer to: 'a situation where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary' Direct discrimination on grounds of age Indirect discrimination on grounds of sex Indirect discrimination on grounds of age Direct discrimination on grounds of sex - B Is it a breach of EU law for member states to tax at a higher rate dividends distributed to non-residents taxpayers? There is a risk such measure would infringe article 63 TFEU, the free movement of capital, which forbids restrictions on capital. It is not a breach since the principle of subsidiarity allows a member state to levy a tax for non-residents and not at the same time levy it on residents. The member state can levy a tax at a higher dividends distributed on non-residents as long as the tax is equal for all non-residents. - C Which tax is levied on the most mobile tax basis? Individual Income Tax Corporate Income Tax VAT - B Why are VAT and indirect taxes harmonized? Since it is a tax levied by the EU Since Member States' membership fee is partly based on the custom duties and VAT Since Member State need to cooperate rather than to compete on tax base allocation - B Which of the following sources of law deal with taxes on the internal market? Article 28 TFEU Article 31 TFEU Article 4 TEU Article 6 TFEU - ABC At which level of government are taxes decided upon? European Union National Governments Local Governments - AB Do you think it is possible for a member state to tax at a higher rate dividens distributed to non-resident tax payers? Yes No It depends - C The TFEU obliges Member States to equalize their domestic taxes with that of other States. True False - B Corporate income tax is a tax on capital (in the economic sense of it) and is levied on a highly mobile tax basis, especially due to the free movement of capital in the EU. True False - A Why is environmental law relevant to the study and application of European business law? It overlaps with internal market law There is no relevance It is international law that overrides EU law - A Environmental protection always overrides free movement provisions in the EU legal context'. Consider this statement and answer whether you think it is: True False Dependant on the legal nature of the environmental protection measure - C False True - B A first question as to regards trademark protection is to define what a trademark is, or to put it differently, what kind of signs that may be afforded protection. In the new trademark directive (EU) 2015/2436 there are a number of prerequisites that a sign must meet to be allowed protection. Which of the following is not a prerequisite for trademark protection? The signs must be capable of being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. The signs must be used in the course of trade. The signs must be capable of distinguishing the goods or services of one undertaking from those of other undertakings - B All signs cannot constitute trademarks and there are consequently several grounds for refusal of a trademark registration. In article 3(1) c it is stated that a sign may not constitute a trademark if the sign consists exclusively of indications which may serve, in trade, to designate e.g. the kind, quality, quantity, of the goods. Which of the following is a correct description as to how article 3(1)c is to be applied and understood? As soon as there is something indicating a descriptive element a sign cannot constitute a trademark Article 3(1)c only applies in relation to word marks. The lack of distinctiveness that is indicated in article 3(1)c may be cured by use and acquired distinctiveness. The wording of article 3(1)c speaks of signs that exclusively consist of descriptive elements. This means that there is no ground for refusal as soon as the sign also consists of some additional element. - B Even if a trademark right exists a third party shall, under certain circumstances, be allowed to use the trademark. Which of the following is allowed regarding usage of a trademark, in the course of trade? (Check all that apply) It is allowed to use a competitor's trademark in keyword advertising in order to inform potential costumers about an offer to sell products that are confusingly similar to the products provided by the competitor. It is allowed to use a competitors name and address in commercial information. It is allowed to use a competitor's trademark in order to benefit from the goodwill of the competitors trademarks. It is allowed to use one's own name in commercial information More or less all types of trademark use is allowed, as long as it is in accordance with honest practices in industrial or commercial matters. It is allowed to use a competitor's trademark where it is necessary to indicate the - DF A trademark infringement may be defined as an unauthorised use of a trademark. However, in order for such use to be regarded as infringing a trademark right there are a number of prerequisites that have to be fulfilled. Which of the following is a prerequisite for an infringement according to article 5 trademark directive? (Check all that apply) The use in question is not descriptive. The use in question has to be performed within 5 years from the day of registration. The use gives result to a likelihood of confusion. The use regards use of any sign which is identical with a protected trademark in relation to goods or services which are identical with those for which the trade mark is registered. - CD The "double identity" rule provides the proprietor with a right to prevent any sign which is identical with the trademark in relation to any goods or services. True False - B What does degeneration mean? That a trademark shall be revoked if, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered. That a trademark shall be revoked if the person who registered the trademark in the first place dies and no one else within the company takes over the registration. That a trademark shall be revoked if it is not being used - A Which (one or several) of the following IPR-related exercises requires vigilance by a dominant company? Territorial allocation for its distributors. Resale price maintenance (RPM - establishing licensee's sales price) in licensing relations. Refusal to license essential facility. - ABC Is it possible to divide the royalty payment obligation to relate partly to the patent, a TM and the know-how and thereby secure payments even if the patent should be invalidated? Yes No - B An invention has to be absolutely new in order to receive patent protection. How do you prevent that your own patent application becomes an obstacle to patent applications in other countries? Several alternatives may apply). You select the countries where you want protection and file your applications at the same date in all these countries. If you file your subsequent patent applications within a twelve months period, you will be entitled to priority from the first national application. By filling a PCT application you actually obtaining a single filing date in all designated countries and thereby avoid that one application disturbs the other. - BC Is the following statement correct? When determining novelty the invention must be described in a single prior document, whereas when considering inventive step reference can be made to several documents which hints at the invention. Incorrect Correct - B At what stage is it optimal to apply for patent protection? A relevant geographic market comprises the area in which the firms concerned are involved in the supply of products or services and in which the conditions of competition are sufficiently homogeneous. A relevant product market comprises all those products and/or services which are regarded as similar or substitutable - AC What are the elements that must be fulfilled to establish a breach of Article 101? The agreement, concerted practice or decision by an association must have the object or effect of distorting competition in the internal market. The agreement, concerted practice or decision by an association must be made in secret to harm customers. An undertaking or an association of undertakings must be involved. There must be an effect on trade between EU Member States - ACD EU competition law can only be applied to entities which are recognized as companies in a member State. True or false? True False - B An agreement within the meaning of EU competition law requires a written or at least legally binding agreement between the parties. True or false? False True - A Article 101(3) provides a 'legal exception' to the prohibition in Article 101(1). Which of the following constituent elements must be satisfied for the application of Article 101(3) TEFU? An agreement must contribute to improving the production or distribution of goods or to promoting technical or economic progress. An agreement must not impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives. An agreement must not afford such undertakings the possibility of eliminating competition in a substantial part of the products in question. An agreement must allow consumers a fair share of the resulting benefit. - ABCD An agreement is void under Article 101(2) TFEU if: It is fulfilling the conditions of Article 101(1) TFEU and not fulfilling the conditions of Article 101(3) TFEU. It is fulfilling the conditions of Article 101(1) TFEU. - A How can the conditions of 101(3) TFEU be described best? An exception for agreements which restrict competition only a bit, so called agreements of minor importance or de minimis agreements. An exception for agreements which bring about efficiency. An exception for agreements that do not restrict competition. - B What is the aim of the merger regulation? To address anticompetitive mergers. To prevent the take-over of EU business by foreign firms. To foster the emergence of big companies - A What was possibly one of the most important aims of the 'new' Regulation 1/2003? To ensure effective enforcement by decentralizing the application of competition law, so that EU competition law could also be applied at the national level and the Commission could focus on more serious infringements. To enact a new regulation before the old regulation came to its deadline so as to ensure the continuation of effective enforcement for the years beyond 2001 To ensure a fair procedure for companies. - A What is the maximum level of fines the Commission is able to impose on an infringing company under the current framework for setting fines? 10 % of the total profits in the preceding business year. 100.000 Euros. 100.000.000 Euros. 10% of the total turnover in the preceding business year. - D When is a company dominant within the meaning of EU competition law? When a company in the EU has a market share that is higher than its two closest competitors. When a company holds a strong market position in more than half of EU member states. When a company in the context of its business dealings is telling others what to do. When a company's market position is so strong that it can behave independently of its customers. - D Which of the following abuses is typically not considered to be exclusionary? Exclusive dealing. Exclusionary discounts and rebates. Refusal to supply. Excessive pricing. Tying and bundling. Predatory pricing. - D Which law regulates mergers in the EU? Regulation 139/2004 The TFEU Regulation 1/2003 - A What are the three conditions set out in the Regulation that need to be fulfilled to intervene in a merger? Concentration. Significantly impediment of effective competition in particular through creating or strengthening of a dominant position. An anticompetitive agreement between two companies. EU dimension. - ABD What is the one-stop shop under the EU merger regulation? A place where you can buy everything in one stop. A place where you can hand in your notification and it will be distributed to all the relevant authorities. The European Commission, so there is no need to notify elsewhere. - C When is a merger harmful to competition? Where the merger leads to an increased level of competition. Where the merger creates a dominant position. Where the merger lessens competition significantly. - BC Which law regulates the Commission's enforcement procedure in competition proceedings relating in particular to cartel and abuse of dominance investigations?