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

Under Chapter 3, Article 3 of the Act, where particular grounds exist, the Competition Authority may require an undertaking to terminate an infringement of any of the prohibitions laid down in Chapter 2, Sections 1 or 7, for the period until a final decision is taken on the matter. The Market Court may only impose such an obligation following commencement of legal proceedings. …

Interim relief 

The Act confers broad powers of investigation on the Authority. Under Chapter 5, Section 1 ("Investigations initiated by the Swedish Competition Authority"), the Authority can require an undertaking to submit information or documents for inspection and, subject to the Patent and Market Court's approval, it can conduct an inspection on the premises of an undertaking (Chapter 5, Article 3). The Authority also has the power to carry out on-the-spot inspections of undertakings where the undertaking in question is not already the subject of an investigation. It may also enter a business premises in order to examine the books and other records or to conduct an oral interrogation.

  The Swedish Competition Authority has full responsibility to ensure that all undertakings comply with the Act. The Swedish Competition Authority may require an undertaking to terminate an infringement of any prohibitions laid down in Chapter 2, Section 1 or 7 (Chapter 3, Article1). If the Swedish Competition Authority decides in a particular case not to impose such an obligation, the Market Court may do so at the request of an undertaking that is affected by the infringement (Chapter 3, Article 2).

  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 of the Act.

  A commitment offered by an undertaking may result in a decision stating that there are no longer grounds for action.

Proceedings before the Swedish Competition Authority 

Under Chapter 3, Article 3 of the Act, where particular grounds exist, the Competition Authority may require an undertaking to terminate an infringement of any of the prohibitions laid down in Chapter 2, Sections 1 or 7, for the period until a final decision is taken on the matter. The Market Court may only impose such an obligation following commencement of legal proceedings.

In addition to filing a complaint with the Competition Authority, an injured party can also seek redress in the ordinary courts. Actions for damages or cases concerning the invalidity of agreements can be heard in the national courts with a final appeal to the Supreme Court. 

Sweden has transposed EU Directive 2014/104 on damages actions through Act 2006 694 of 3 November 2016. Under the Act, damages actions may be brought before the Patent and Market Court. The Act lays down a principle of joint and several liability in the case of multiple offenders although it is limited for SMEs, leniency recipients and undertakings which have reached a settlement with the victim under specific conditions. Under Chapter 2, Article 20 the limitation period for bringing a claim to court is set at five years (ten years under the former rules of the Competition Act) running from the expiry of the infringement and the date where the claimant had knowledge of the existence of the practice and that it constituted a competition law infringement, that it caused harm and discovered the identitity of the offender. 

The limitaton period may however be suspended when the Competition Authority initiates proceedings in respect of the infringement to which the claim relates. A new deadline will run from the date on which a final infringement decision is issued or when the Competition Authority has otherwise terminated its proceedings. 

The Chapter relating to compensation provides that it covers actual damage and loss of profit plus interest from the date the damage occurred. In addition, the Act states that the defendant may oppose the passing-on defense where it established that the claimant has transferred the overprice to its own customers. Unless otherwise proven, the Act sets a presumption that cartels cause harm. Furthermore, where compensation of damage suffered by an indirect buyer is at issue, unless otherwise indicated, an overcharge is deemed to have been passed on to the indirect buyer if the infringement has resulted in an overcharge for the direct buyer. Although not mentioned in the EU Directive, passing-on may also be established in relation to suppliers under the Swedish Act. Regarding the disclosure of evidence, the Act provides that an order to grant access to evidence in the Competition Authority's file may only be issued where the information at issue may not be obtained from any other source without inconvenience.

Global Competition Law

720. Interim relief

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Les notions juridiques connexes

720. Interim relief

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