Sweden (August 1, 2005)

From AntitrustWorldWiki
Jump to: navigation, search

Score = 21

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
Dominance Limits Access 1 Article 19(2)(2) prohibits limiting production or market access.
Abusive Acts 1 Article 19(1) prohibits any abuse by an undertaking in a dominant position.
Price Setting 1 Article 19(2)(1) prohibits price setting.
Discriminatory Pricing 1 Article 19(2)(3) prohibits applying dissimilar conditions to equivalent transactions.
Resale Price Maintenance 1 §6 has been read as precluding resale price maintenance.[3]
Obstacles to Entry 1 The Swedish Competition Authority on its website defines using predatory pricing to eliminate competitors and create obstacles to entry as an abuse of a dominant position[4]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 6(2)(1) prohibits price fixing.
Tying 1 Articles 6(2)(5) and 19(2)(4) prohibits tying.
Market Division 1 Article 6(2)(3) prohibits market sharing. The Swedish competition authority interprets this as banning agreements that divide markets by quotas, territories, or customers.[5]


Output Restraint 1 Article 6(2)(2) prohibits limiting or controlling production.
Market Sharing 1 Article 6(2)(3) prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 The Swedish competition authority says Article 6 finds agreements not to supply a particular customer are banned, restrictive practices.[6]
Efficiency Defense 1 Article 8(1) gives an exemption to the §6 prohibitions for agreements that contribute to improving the production or distribution of goods or to promoting technical or economic progress. However, Article 8(4) precludes that exemption if the agreements would have the effect of eliminating a substantial number of competitors.

References

  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
  3. For more on this, see the OECD report on resale price maintenance, pp. 97-99 available at http://www.oecd.org/dataoecd/35/7/1920261.pdf
  4. http://www.kkv.se/t/Page____911.aspx
  5. From the Competition Authority, at http://www.kkv.se/t/Page____910.aspx
  6. commentary from the Competition authority at http://www.kkv.se/t/Page____910.aspx