Sweden (July 1, 1998)

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”).

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.
	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.
	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.