Sweden (January 1, 2001)

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Score = 22

Governed by: Competition Act of 14 January 1993 (SFS 1993:20), as last amended per 1 January 2001 (SFS 2000: 1459) (hereinafter referred to as “Competition Act”).[1]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 §26-32 deal with fines for various infringements.
Prison Sentences 0
Divestitures 1 Article 36 allows divesting a merger deemed improper
Private Enforcement 3rd Party Initiation 1 §23(2) allows 3rd parties to lodge complaints with the MD and order the termination of the infringement.
Remedies Available to 3rd Parties 1 §33 requires infringing companies to pay damages to the parties injured as a result of their violations.
3rd Party Rights in Proceedings 1 3rd parties also have a right to appeal KKV decisions.
Merger Notification Voluntary 0
Mandatory 3 §37 requires pre-merger notifications for concentrations worth more than a certain monetary threshold.
Pre-merger 2 §37 requires pre-merger notifications for concentrations worth more than a certain monetary threshold.
Post-merger 0
Merger Assessment Dominance 1 §34a(2)(1) prohibits concentrations which strengthen or create a dominate 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) 1 § 41 allows Stockholm City Court , at the request of the Swedish Competition Authority, to prevent merger from going through due to public interest
Other 0
Efficiency 0
Dominance Limits Access 1 §19(2)(2) prohibits limiting production or market access.
Abusive Acts 1 §19(1) prohibits any abuse by an undertaking in a dominant position.
Price Setting 1 §19(2)(1) prohibits price setting.
Discriminatory Pricing 1 §19(2)(3) prohibits applying dissimilar conditions to equivalent transactions.
Resale Price Maintenance 1 §6(2)(1) has been read as covering a prohibition on RPM.[2]
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §6(2)(1) prohibits price fixing.
Tying 1 §6(2)(5) prohibits tying.
Market Division 0
Output Restraint 1 §6(2)(2) prohibits limiting or controlling production.
Market Sharing 1 §6(2)(3) prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 A system using quantitative criteria to refuse to supply a particular company or group of companies is thought to be covered under §6.[3]
Efficiency Defense 1 §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.

References

  1. Competition Law in the EU, at 1035-1062.
  2. Id. at 419.
  3. Id. at 423