Sweden (July 1, 1998)

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Score = 21

Governed by: Competition Act of 14 January 1993 (SFS 1993:20), as last amended July 1 1998 (SFS 1998:648) (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) 0
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 0
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. http://www.kkv.se/t/Page____905.aspx
  2. Id. at 419.
  3. Id. at 423