<p>On 1 June 2010, a new Block Exemption Regulation (BER) and new Guidelines that affect the practical use of selective distribution systems enter into force. The BER exempts vertical agreements, such as selective distribution agreements, from the prohibition of Article 101 (1) TFEU. It is significant for individual market players to obtain knowledge of what impact the new BER and the new Guidelines have for the practical use of selective distribution systems.</p><p>The Commission has amended the new BER and the new Guidelines in the light of the development the last decade. Two main changes are noticed that affect the content of the new legislative documents. Firstly, it is established that many distributors have obtained larger market shares. Secondly, it is stated that Internet sales have increased largely. The basic principles of the new versions of the BER and the Guidelines are identical with the former versions but the present changes are although noticeable for companies and their selective distribution systems.</p><p>The new BER contains a new market share rule that is more restrictive than the corresponding rule in the former BER. However, the new market share rule is not an expression of a less tolerant approach towards selective distribution systems; rather an amendment necessary due to the development of distributors’ market shares.</p><p>The growth of distribution in the Internet the last ten years is reflected in the new Guidelines. The Commission’s approach towards the Internet as a distribution method seems in general to be positive. It is noticeable that the Commission wants that parties of selective distribution agreements shall be able to benefit from all the positive effects of online sales at the same time as the Commission tries to preserve the positive effects of selective distribution.</p><p>This thesis describes and examines the practical use of selective distribution systems. Different reasons for companies to use selective distribution systems and effects of the new BER and Guidelines are in particular examined.</p>

<p>Chinas first comprehensive competition law, the Anti-monopoly law of the People’s Republic of China (AML), was enacted on August 1, 2008. Despite a long history of planned economy, the Chinese economy has developed into one of the fastest growing economies in the world during the last decades. The adoption of the law was a crucial step towards a more market-based economy. Article 1 of the AML states that one of the aims to achieve with this law is to develop a socialist market economy. The notion was founded in the 1990s and can be found in several other Chinese legislations.</p><p>The concept has no prominent definition and can be interpreted in many different ways, which opens up for the ruling Party to interpret the notion in accordance with their political believes. The central government will probably put most emphasize on the word “socialist” instead of “market economy” when interpreting the concept. The concept is of central meaning and will affect the interpretation of the other aims stated in article 1. The other aims are not ranked in any hierarchical order and are in conflict with each other. The central government will give priority to the aims which are beneficial for a socialist society. The aim to promote public interest, which includes state owned enterprises, will be strongly favored. Also the aim economic efficiency will be prioritized since China strives to become a rich country. Consumer welfare will not be highlighted but might be more important in the future.</p><p>One reason that the aims are vague and not put in any hierarchical order could be that the objectives for adopting AML were not solely of competition reasons. The objectives show that AML is part of a wider economic policy. Neither does the central government strive towards a free market. Instead the goal is to establish a fair market. A fair market will most probably be a market beneficial for state owned enterprises and can therefore be contradictory to the keystones of competition. Competition principals arise from sophisticated market economies and China aims to apply those principals in the light of socialist ideology. AML covers the general competition provisions but with a specific chapter to regulate administrative monopolies. It can still be seen as contradictory to prohibit administrative monopolies but without any sanctions stipulated for violation of the provisions.</p><p>Also the fundamental elements for establish effective competition are missing. The statute cannot be seen as objective or provide legal certainty and the competition authorities do not have divided responsibilities. Neither is any specific competition court established. Other factors that can contribute to an inefficient competition law are China’s history and culture, affected by socialist ideology. Time is required in China in order to develop an efficient competition culture.</p><p>Altogether, it is no coincident that the notion of socialist market economy is undefined. The notion includes a quest to enhance the socialist society with strong economic development. More specific guidance is determined by the central government when the right time has come. From a Chinese perspective, the aims in article 1 will be achieved since the undefined concepts open up for different interpretations. From a sophisticated point of view, the aims will not be seen as achieved since no effective competition is established.</p>

On 1 June 2010, a new Block Exemption Regulation (BER) and new Guidelines that affect the practical use of selective distribution systems enter into force. The BER exempts vertical agreements, such as selective distribution agreements, from the prohibition of Article 101 (1) TFEU. It is significant for individual market players to obtain knowledge of what impact the new BER and the new Guidelines have for the practical use of selective distribution systems. The Commission has amended the new BER and the new Guidelines in the light of the development the last decade. Two main changes are noticed that affect the content of the new legislative documents. Firstly, it is established that many distributors have obtained larger market shares. Secondly, it is stated that Internet sales have increased largely. The basic principles of the new versions of the BER and the Guidelines are identical with the former versions but the present changes are although noticeable for companies and their selective distribution systems. The new BER contains a new market share rule that is more restrictive than the corresponding rule in the former BER. However, the new market share rule is not an expression of a less tolerant approach towards selective distribution systems; rather an amendment necessary due to the development of distributors’ market shares. The growth of distribution in the Internet the last ten years is reflected in the new Guidelines. The Commission’s approach towards the Internet as a distribution method seems in general to be positive. It is noticeable that the Commission wants that parties of selective distribution agreements shall be able to benefit from all the positive effects of online sales at the same time as the Commission tries to preserve the positive effects of selective distribution. This thesis describes and examines the practical use of selective distribution systems. Different reasons for companies to use selective distribution systems and effects of the new BER and Guidelines are in particular examined.

Jämförande reklam innebär att en produkt ställs mot en konkurrent eller dennes produkt för att jämföra olika egenskaper. Detta kan ske direkt, genom att en produkt jämförs med en tydligt utpekad konkurrents produkt, men också indirekt genom att marknadsföra sig som ”billigast på marknaden” eller liknande uttryck och på så sätt jämför sig med konkurrenterna utan att nämna någon vid namn. Andra former av jämförande reklam är prisjämförelser samt tester och undersökningar. Denna marknadsföringsform har inte alltid varit tillåten i Sverige och ansågs tidigare inte utgöra god marknadsföringssed. Den åsikten ändrades under andra hälften av 1900-talet och i 1975 års marknadsföringslag var jämförande reklam fullt tillåtet under vissa i propositionen nämnda förutsättningar. Dessa förutsättningar finns numera representerade i marknadsföringslagens 18§. De rekvisit som där återges är kumulativa för att förhindra att otillbörlig marknadsföring vilseleder konsumenterna eller snedvrider konkurrensen. Syftet med jämförande reklam är att på ett objektivt sätt framhäva skillnader genom att särskilja varumärken. En annan effekt är att sådan reklam fungerar som en konsumentupplysning och har en konkurrensuppmuntrande effekt. Tillsammans med åsikten att reklamen skall vara skyddad av TF och YGL utgör dessa effekter de starkaste grunderna för den jämförande reklamens rättfärdigande. Eftersom dessa grunder bara kommer till uttryck i diverse förarbeten och doktrin, har det varit upp till domstolarna att bedöma deras omfattning och styrka som argument. Detta i motsats till rekvisiten för dess tillåtlighet som finns i 18§ MFL. Konsumentupplysningen är ett argument ofta nämnt i domskälen men sällan angivet som skäl för att tillåta annars otillbörlig marknadsföring. Den konkurrensuppmuntrande effekten får anses vara ett något starkare argument, speciellt i samband med lågprisföretag. Marknadsföringsåtgärder skyddas inte av TF eller YGL om de kan anses vara av rent kommersiell natur och ha ett rent kommersiellt förhållande till föremål. Domstolen har i enlighet med uttalanden i förarbetena ansett att företräde skall ges till TF och YGL vid oklarheter. Detta med hänsyn till det intresse de anses skydda. / Comparative advertising means that a product is placed against a competitor in order to compare different properties. This can be done directly, by comparing a product with a well known, named, competitor’s product, but it can also be done indirectly by promoting yourself as being “the cheapest on the market”. The purpose of comparative advertising is to highlight differences between marks in an objective way. Other effects are consumer enlightenment and the encouragement of competition. These effects combined with the opinion that comparative advertising should be protected by the freedom of speech and the freedom of press, compose the strongest argument for the justification of comparative advertising. While the prerequisites for admissibility are clearly expressed in 18§ MFL, the arguments for the justification of comparative advertising are only mentioned in various legislative history and doctrine. This means that it is up to the courts to assess their significance and strength of argument. Consumer information is an argument often cited in case law but rarely given as a reason to allow otherwise improper marketing. The interest of increased competition may be regarded as a somewhat stronger argument and justify some intrusions of the prerequisites in 18§, especially concerning low-cost companies. Promotional measures are not protected by TF or YGL if they are considered being of a purely commercial nature and having a purely commercial relation to the subject. Courts have ruled that when in doubt, TF and YGL has preference.

<p>Date: 6/16/2008</p><p>Institution: School of Sustainable Development of Society and Technology, Mälardalen University, Västerås (Sweden)</p><p>Authors:</p><p>Brüning, Andrea</p><p>830111</p><p>Västerås</p><p>Curtolo,Anna</p><p>820517</p><p>Västerås</p><p>Tutor: Tobias Eltebrandt</p><p>Title: A Study of Switch Pac: what would be the efficient ways for Switch Pac to increase potential demand and capitalize on green attitudes and behavior in the Swedish market?</p><p>Problem: What would be the efficient ways for Switch Pac to increase potential demand and capitalize on green attitudes and behavior in the Swedish market?</p><p>Purpose: The aim of our project is to see the potential of Switch Pac’s oxo-biodegradable plastic bags on the Swedish market by capitalize on green attitudes and behaviour.</p><p>Method: The report is based on primary data collected through questionnaires (end consumer/ B2B customers). For the investigation of Switch Pac’s macro- and microenvironment secondary data was used (books, journals, newspaper and the Internet)</p><p>Conceptual Framework: The conceptual framework consists of certain models to investigate the following topics:</p><p>Consumer behavior</p><p>AIDA-Model</p><p>STP-Model</p><p>Switch Pac´s business environment</p><p>PESTEL</p><p>Conclusion/ Recommendations: In our conclusion based on our frameworks PESTEL, AIDA and STP we concluded that peoples’ awareness regarding environmental friendly plastic bags are not very high based on our questionnaire. The efficient ways for Switch Pac to increase potential demand is to target the customer in the age range from 20 – 49 years and cooperate with supermarkets and (department) stores. Furthermore, Switch Pac needs to position its products in the consumers mind through create brand awareness by using certain elements of the marketing mix model.</p>

One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to “negatively bind” the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL). In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made. The analysis is made in a comparative manner, identifying the differences and similarities in order to distinguish, if any, common principles that are used by the Market Court to settle these cases. This is of importance since new ways of entering agreements are constantly developed and increasing, especially on the Internet. Consequently, this means that the ways of negatively binding consumers to agreements are increasing as well. It is found that there are some common principles in these cases. Initially, the cases are differently evaluated depending on the existence of earlier agreements between parties. If there is an earlier agreement, the way of negatively binding the consumer to an agreement could be acceptable. Where parties did not have an earlier agreement, the cases were without exceptions regarding orders made online. It was established that using a three-step-model for orders online, would always secure the consumers awareness of actively entering the agreement, thus eliminating the chances of negatively binding the consumer.  It is also discussed whether principles of market law established in judgments by the Market Court, are of interest to cases of civil law, and it is determined that they could be.

Date: 6/16/2008 Institution: School of Sustainable Development of Society and Technology, Mälardalen University, Västerås (Sweden) Authors: Brüning, Andrea 830111 Västerås Curtolo,Anna 820517 Västerås Tutor: Tobias Eltebrandt Title: A Study of Switch Pac: what would be the efficient ways for Switch Pac to increase potential demand and capitalize on green attitudes and behavior in the Swedish market? Problem: What would be the efficient ways for Switch Pac to increase potential demand and capitalize on green attitudes and behavior in the Swedish market? Purpose: The aim of our project is to see the potential of Switch Pac’s oxo-biodegradable plastic bags on the Swedish market by capitalize on green attitudes and behaviour. Method: The report is based on primary data collected through questionnaires (end consumer/ B2B customers). For the investigation of Switch Pac’s macro- and microenvironment secondary data was used (books, journals, newspaper and the Internet) Conceptual Framework: The conceptual framework consists of certain models to investigate the following topics: Consumer behavior AIDA-Model STP-Model Switch Pac´s business environment PESTEL Conclusion/ Recommendations: In our conclusion based on our frameworks PESTEL, AIDA and STP we concluded that peoples’ awareness regarding environmental friendly plastic bags are not very high based on our questionnaire. The efficient ways for Switch Pac to increase potential demand is to target the customer in the age range from 20 – 49 years and cooperate with supermarkets and (department) stores. Furthermore, Switch Pac needs to position its products in the consumers mind through create brand awareness by using certain elements of the marketing mix model.