Sweden/EU, 2005

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Score = 24

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[4] Voluntary 0
Mandatory 3 §37 of the Swedish Competition Act requires notifications for concentrations of large companies.
Pre-merger 0
Post-merger 1 There is no timeframe for the merger notification pursuant to the Swedish Competition Act.[5]
Merger Assessment Dominance 1 §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.
Restriction of Competition 1 §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.
Public Interest (Pro D) 1 §34a(2)(2) of the Swedish Competition Act 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 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[6]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  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 National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  5. 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
  6. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf