Sweden (January 1, 2001) - Revision history

Kajrozga at 16:47, 25 September 2007

2007-09-25T16:47:04Z

← Older revision		Revision as of 16:47, 25 September 2007
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	'''Score = 21'''		'''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”).<ref>Competition Law in the EU, at 1035-1062.</ref>		''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”).<ref>Competition Law in the EU, at 1035-1062.</ref>

Kajrozga at 12:37, 8 September 2007

2007-09-08T12:37:49Z

← Older revision		Revision as of 12:37, 8 September 2007
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	'''Score = 23'''		'''Score = 21'''

	''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”).<ref>Competition Law in the EU, at 1035-1062.</ref>		''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”).<ref>Competition Law in the EU, at 1035-1062.</ref>

Kajrozga at 22:17, 12 August 2007

2007-08-12T22:17:04Z

← Older revision		Revision as of 22:17, 12 August 2007
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	\|		\|
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 0
	\| ~~§6(1) disallows agreements that “have as their object or effect” restriction of competition~~		\|

	\|-		\|-

Kajrozga at 01:09, 16 July 2007

2007-07-16T01:09:54Z

← Older revision		Revision as of 01:09, 16 July 2007
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	\| Scope		\| Scope
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 0
	\| ~~The Act applies to anything that restricts competition in Sweden so theoretically it can apply to things occurring outside of Sweden as long as they affect Swedish competition.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"
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	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 36 allows divesting a merger deemed improper

	\|- class="categorydivision"		\|- class="categorydivision"
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	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 0		\| 1
	\|		\| § 41 allows Stockholm City Court , at the request of the Swedish Competition Authority, to prevent merger from going through due to public interest

	\|-		\|-
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| §6(2)(1) has been read as covering a prohibition on RPM.		\| §6(2)(1) has been read as covering a prohibition on RPM.<ref>Id. at 419.</ref>

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| §8(4) ~~implicitly does not allow any acts~~ that ~~would eliminate competitors even if it otherwise fits under the noted exemptions.~~		\| §6(1) disallows agreements that “have as their object or effect” restriction of competition

	\|-		\|-
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	\| Supply Refusal		\| Supply Refusal
	\| 1		\| 1
	\| A system using quantitative criteria to refuse to supply a particular company or group of companies is thought to be covered under §6.		\| A system using quantitative criteria to refuse to supply a particular company or group of companies is thought to be covered under §6.<ref>Id. at 423</ref>

	\|-		\|-

Kajrozga: New page: '''Score = 23''' ''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”)....

2007-07-07T22:28:42Z

New page: '''Score = 23''' ''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”)....

New page

'''Score = 23'''

''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”).<ref>Competition Law in the EU, at 1035-1062.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Act applies to anything that restricts competition in Sweden so theoretically it can apply to things occurring outside of Sweden as long as they affect Swedish competition.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §26-32 deal with fines for various infringements.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| 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.

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| 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
| 1
| §8(4) implicitly does not allow any acts that would eliminate competitors even if it otherwise fits under the noted exemptions.

|-
|
| 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.

|-
|
| 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 ==
<references />