Part II The Member State Reports on Transposition of the Directive, 17 Sweden

This chapter examines the transposition of the Antitrust Damages Directive in Sweden. It begins with an overview of the transposition process, focusing on the implementing law called the Antitrust Damages Act (ADA) that was enacted on 3 November 2016 and entered into force on 27 December 2016, as well as the general requirements considered by the Swedish Government for implementing EU law. It then describes the scope of the implementation process for ADA before analysing the main issues concerning implementation of the Directive, such as those relating to preconditions for liability in Swedish law, joint and several liability, limitation period for bringing damages claims, right to full compensation, interest in arrears on damages awarded, quantification of harm, passing on of overcharges in Swedish law, right to recover damages from other infringers, procedural rules for cases involving antitrust damages, disclosure of evidence, and incorrect or incomplete transposition.

Part I Commercial Arbitration in the Energy Sector, 2 Upstream Oil and Gas Disputes

This chapter focuses on Joint Operating Agreements (JOAs). A JOA is an agreement between two or more companies which defines their respective rights and obligations in the exploration of a hydrocarbon project. The purpose of the JOA is for the participating companies to share risks (costs) and rewards (revenues) in relation to the project, and to define their respective roles. Among other things, the chapter discusses leading model form JOAs, as well as the interpretation and application of clauses typically found in JOAs, such as exculpatory or liability limitation clauses, pre-emption clauses, and clauses dealing with the consequences of a party's default or forfeiture. It also analyzes case law from various jurisdictions regarding implied or statutory obligations, such as duties of ‘good and fair dealing’ and fiduciary duties amongst the partners.

The Fight against Smuggling at the Soviet-Polish Border throughout 1921-1939

The article considers smuggling as economic crime in the Soviet-Polish border in the interwar period. The reasons for smuggling activities are studied and summarized. Range of smuggled goods is shown. The number of arrested smugglers, their nationality, the value of seized goods both from Poland and the Soviet Union are investigated. Smuggling as a political phenomenon in the Soviet-Polish border in 1921-1939 is under study. The use of smugglers by the intelligence agencies of both Poland and the USSR are emphasized. The role of public authorities of both abovementioned countries in the fight against smuggling, namely Border Guard Corps from Poland; border guards, customs, security services and local Soviet authorities on the part of the USSR are studied. The influence of anti smuggling measures (increased criminal liability, limitation of private capital in trade, strengthen of the state borders protection) on its amount decrease is studied. Keywords: State border, smuggling, crime, scouting, Poland, USSR