Sweden/EU, 2005

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Score = 21

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Swedish Competition Act.[2] Updated as of 2005.

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.
Prison Sentences 0
Divestitures 1 Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.
Private Enforcement 3rd Party Initiation 1 Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.
Remedies Available to 3rd Parties 1 Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.[3]
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.[4]
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. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. (unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf
  3. Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  4. 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