Question Four Mandrake (*Mandrake') is a French producer of organic peroxide (*OP'), a substance which has two industrial applications, being used both in the manufacture of dyestuffs and as a food bleaching agent in the food processing industry. The company supplies OP to dyestuffs manufacturers and to the food processing industry in France, Spain, Italy and Greece. For many years, Mandrake has held an 85% share of the OP market in France, Spain, Italy and Greece (together). Mandrake's nearest rival in the same market, Simco Ltd ('Simco'), holds a 10.4% share. All the Member States except France, Spain, Italy and Greece have banned the use of OP in their domestic industry. There is only one possible substitute for OP, the chemical tentramine. Although tentramine can be used as a substitute for OP in the manufacture of dyestuffs and in food processing, its use would require manufacturers to make substantial and costly adaptations to their machinery and processes. Because of this, even when on six separate occasions during the past five years the price of OP rose by up to 10%, manufacturers were not induced to switch to the use of tentramine. There is some evidence that tentramine producers would switch to the production of OP if it became profitable for them to do so. However, they do not currently have the technical know- how to be able to do this. At present, Simco supplies OP only to the food processing sector but has made known its intention to supply the OP to the dyestuffs sector. Mandrake has announced substantial price discounts, taking immediate effect, for OP supplied to dyestuffs manufacturers. Mandrake has written to Simco indicating that such discounts will be continued until Mandrake receives confirmation from Simco that it has, as Mandrake puts it, 'abandoned this wholly unacceptable expansion strategy'. Advise Simco as to the application of Article 102 TFEU to this situation, addressing in particular all of the following questions: (a) The likelihood of Mandrake being classified as an \"undertaking\"; (b) The legal tests applied in defining the relevant market; (c) The factors to be taken into account when determining a dominant position; (d) The compatibility of Mandrakes's proposed pricing strategies; and (e) Who may be responsible for undertaking any investigation of the initiatives, including a brief summary of the relevant procedures. Please answer all parts of this question Consider the following scenarios and, in each case, assess the application of European Union law as it relates to the free movement of persons. (a) (b) (c) (d) Lily, a Dutch national, is a fashion designer and lives in Amsterdam with her Cuban partner Alvaro. Lily and Alvaro have been together for the last six years and plan to get married next month. Lily believes that Paris is a more inspirational city than Amsterdam and she could improve her career prospects there. Lily has just seen a suitable vacancy advertised in Paris and is very keen to apply for it. Lily would like advice on their rights of residence in France. Alvaro is a teacher but is not currently working, and Lily is concerned that this may have an impact on his rights under EU Law. Alvaro has plans to train as an expert wine waiter. He has identified a number of suitable professional courses at a college in Paris. Advise Alvaro whether he will be entitled to re-train in France. Mikel is Lily's 16-year-old son from a previous marriage. Mikel is also a Dutch national. He has been living with his father in Amsterdam but has decided he wishes to move to France with his mother and Alvaro and attend a local school. Mikel is going through a troubled phase and was recently arrested for criminal damage at a local park. Lily wishes to enrol Mikel at a French school but is worried that if Mikel is convicted of an offence, he may be refused entry into France. If the family are able to settle in France, Lily would like to ask her elderly mother, Dora, to join them. Dora is displaying the early symptoms of dementia and is currently living with Lily's brother in Amsterdam