Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

On July 2004, the Swedish system of individual exemptions and negative clearance was abolished and replaced with a directly applicable legal exception system. Individual exemptions granted before 1 July 2004 will, however, continue to be valid until the exemption periods expires. Where it can be demonstrated that the beneficial effects of anticompetitive cooperation outweigh its adverse effects, t …

Exemptions 

Chapter 2, Section 1 of the Competition Act ("Anti-competitive cooperation between undertakings") contains a prohibition on anticompetitive cooperation between undertakings that is similar to the prohibition set down in Article 101 TFEU: the general prohibition is followed by a list of practices deemed to be anticompetitive which include practices that:

- directly or indirectly fix purchase or selling prices or any other trading conditions;

- limit or control production, markets, technical development, or investment;

- apply dissimilar conditions to equivalent transactions with other trading parties (and thus place those parties at a competitive disadvantage) or

- make the conclusion of contracts subject to acceptance by other parties of supplementary obligations, which by their nature or according to commercial usage have no connection with the subject of such contracts.

The prohibition of Chapter 2, Section 1 covers cooperation between two or more undertakings where they have as their object or effect the prevention, restriction or distortion of competition in the market “to an appreciable extent”. In its Notice on Agreements of Minor Importance (KKVFS 2009:1), the Competition Authority has set down guidelines as to what type of agreements will be regarded as having no appreciable effects on competition and which will be exempted from Chapter 2, Section 2 ("Exemptions from the prohibition on anti-competitive co-operation between undertakings").

Cooperation is not regarded as affecting competition to an appreciable extent where the undertakings involved have a joint market share of a maximum of 10% of the relevant market for horizontal agreements or 15% for vertical agreements. Where the individual turnover of each of the parties does not exceed 30 million SEK (EUR 3,625,000), the 15% threshold applies irrespective of the type of agreement. However, according to the notice, the de minimis principle does not apply to agreements that contain certain “hardcore” restrictions. Indeed, for certain types of agreements, i.e. horizontal agreements on prices or vertical agreements on territorial protection, the market-share limit does not apply, since such agreements are always considered to appreciably restrict competition.

Certain cooperation agreements concerning farming and taxi operations are excluded from the prohibition on anticompetitive cooperation (Chapter 2, Articles 4 and 5).

The prohibition 

On July 2004, the Swedish system of individual exemptions and negative clearance was abolished and replaced with a directly applicable legal exception system. Individual exemptions granted before 1 July 2004 will, however, continue to be valid until the exemption periods expires. Where it can be demonstrated that the beneficial effects of anticompetitive cooperation outweigh its adverse effects, the Swedish Competition Authority may grant an exemption to the prohibition set out in Chapter 2, Section 1. Chapter 2, Section 2 of the Act sets out the types of agreement that are exempted from Chapter 2, Section 1 and includes any type of agreement which:

- contributes to improving the production or distribution or to promoting technical or economic progress;

- allows consumers a fair share of the resulting benefit;

- only imposes on the undertakings concerned restrictions which are indispensable to the attainment for the objective referred to in paragraph 1;

- does not afford such undertakings the possibility of eliminating competition in respect of a substantial part of the utilities in question.

Following Article 101(3) of the TFEU, Swedish law provides for the adoption of block exemption regulations. Pursuant to Chapter 2, Section 2 Article 3 of the Act, exemptions from the prohibition on anticompetitive cooperation between undertakings shall apply to categories of agreements laid down in:

- Act (2008:580) concerning block exemption on anticompetitive agreements on certain co-operation concerning taxi service;

- Act (2008:581) concerning block exemption on vertical anticompetitive agreements;

- Act (2008:582) concerning block exemption on anticompetitive specialization agreements;

- Act (2008:583) concerning block exemption on anticompetitive agreements concerning research and development;

- Act (2008:584) concerning block exemption on vertical anticompetitive agreements in the motor vehicle sector;

- Act (2008:585) concerning block exemption on anticompetitive agreements in the insurance sector;

- Act (2008:586) concerning block exemption on anticompetitive technology transfer agreements. 

If an individual agreement as a result of a block exemption is exempted from the prohibition of anticompetitive cooperation between undertakings, but has effects which are incompatible with Chapter 2, Section 2, the Swedish Competition Authority may determine that the agreement shall not be covered by the block exemption.

Global Competition Law

714. Exemptions

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Les notions juridiques connexes

714. Exemptions

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise