Investment in the securities market has become increasingly common in re-cent years. The stock market has become more accessible, not least because of technological developments. There are many reasons why more people have become interested in stock trading. It can be anything from long-term savings, day trading or different types of investments. At the same time, market mani-pulation via social media has become increasingly visible. There is legislation at both national and EU level that specifically addresses market manipulation. In Sweden, there are three legal cases dealing with market manipulation via social media. It is these that have been analyzed. The purpose of this paper was to analyze current practice and legislation and answer three questions 1.Is the legislation in this area appropriate?2. Does Swedish practice provide clear guidance on what is considered mar-ket manipulation via social media?3. is therea need for new legislation or precedent-setting practice?The methods used werethe legal dogmatic method and the legal analytical method. The legal-dogmatic method was used to identify existing legislation, while the legal-analytical method was used to analyze existing legislation and practice.It turned out that there is a clear link between Swedish practice and the recurrent legislation. By analyzing the different arguments, attention was drawn to Article 12 MAR and Annex I to MAR. The courts did not explicitly refer to the different regulations, but it was clear that the courts relied on the different regulations presented.The conclusion was that there is a common thread in Swedish practice and that the current legislation is mostly appropriate. At thesame time, there are some issues that need to be clarified in practice. There is a need for precedents to establish the reasoning, assessments and considerations made in the practice of the lower courts. At the same time, there is a need for Swedish legislation to incorporate more from Article 12 MAR and Annex I to MAR to provide better guidance on what constitutes market manipulation and to address the different types of market manipulation via social media.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-224511 |
| Date | January 2023 |
| Creators | El Faraj, Assem Wilhelm |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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