Sweden/EU, 2007

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Governed by: The Swedish Competition Act("the statute").[1] Updated as of 2005.

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Articles 26-28 and 57 of the statute allow for fines for competition violations.
Prison Sentences 0
Divestitures 1 Articles 35 and 36 allow divesting a merger deemed improper.
Private Enforcement 3rd Party Initiation 1 Article 23(2) allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 allows injured third parties a civil right of action.
Remedies Available to 3rd Parties 1 Article 33 requires infringing companies to pay damages to the parties injured as a result of their violations.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 §37 requires notifications for concentrations of large companies.
Pre-merger 0
Post-merger 1 There is no timeframe for the merger notification.[2]
Merger Assessment Dominance 1 §34a(2)(1) prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.
Restriction of Competition 1 §34a(2)(1) prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.
Public Interest (Pro D) 1 §34a(2)(2) says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
  1. (unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf
  2. The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf