Sweden/EU, 2007
Score =
Governed by: The Swedish Competition Act("the statute").[1] Updated as of 2005.
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Articles 26-28 and 57 of the statute allow for fines for competition violations. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Articles 35 and 36 allow divesting a merger deemed improper. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 23(2) allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 allows injured third parties a civil right of action. |
| Remedies Available to 3rd Parties | 1 | Article 33 requires infringing companies to pay damages to the parties injured as a result of their violations. | |
| 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.[2] | |
| 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 |
- ↑ (unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf
- ↑ 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