Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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Discrimination - Equal Treatment Act
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fixed-term contract was held in the circumstances to be an open-ended
contract. The employer’s decision not to renew was therefore held to
constitute termination of employment which, due to the employee’s
pregnancy, was in conflict with the Danish Act on Equal Treatment of Men
and Women.
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This past year has offered some interesting cases in Sweden regarding abuse
of a dominant position. In the TeliaSonera-case (cf ECJ case C-52/9) the
Stockholm District Court imposed the highest fines ever ordered in Sweden,
SEK 144 million (approximately EUR 15 million), for abuse of a dominant position
through a margin-squeeze.
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In October 2011 a remit proposing a much longed-for new national act on state
aid was presented. Currently Sweden has no national legislation concerning the
application of the European Union’s state aid rules.
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The Swedish government has proposed new legislation which will entail further
restrictions regarding tax deductions for interest expenses on inter-company loans.
Kindly note that the proposed legislation will broaden the definition of the term
”affiliated companies”.
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On 20 October 2011, the European Commission published two proposals intended to update and strengthen the existing framework insuring investor protection under the Market Abuse Directive (2003/6/EC) (Market Abuse Directive).
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During 2011 there have been several interesting developments as regards
dawn raids and legal privilege.
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Despite several attempts by the Swedish Competition Authority, Swedish courts
have not yet prohibited any mergers, although a number of concentrations have
been subject to commitments.
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The Presidency of the Council of the European Union recently published
the final compromise text of the proposed European Market Infrastructure
Regulation (EMIR), which the European Parliament adopted on 29 March
2012.
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In one of the first Google AdWords cases to be decided in Sweden, the
court finds no probable cause for trade mark infringement where a
company has bought its competitor’s trade mark as a search term on
Google. Counsel for the plaintiff, Gärde Wesslau’s Petter Holm, comments
on the decision.
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the Universities of Stockholm and Gothenburg
BOX 14055, STRANDVÄGEN 1, 104 40 STOCKHOLM, SWEDEN