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

The Swedish Competition authority may require an undertaking to discontinue an infringement of the Act. If the Authority decides not to do so, the Market Court may issue an injunction at the request of an affected party. …

Cease and desist orders 

The Swedish Competition authority may require an undertaking to discontinue an infringement of the Act. If the Authority decides not to do so, the Market Court may issue an injunction at the request of an affected party.

According to Chapter 3, Article 5 of the Act, the Patent and Market Court, at the request of the Competition Authority, may order an undertaking to pay an administrative fine where the undertaking has intentionally or negligently infringed the prohibitions contained in Chapter 2, Sections 1 to 7. Such a fine may not exceed 10% of the annual turnover of the undertaking in the preceding business year (Chapter 3, Article 6). Chapter 3, Article 8 of the Act provides that in determining the amount of the fine, the gravity and duration of an infringement is to be taken into account. Chapter 3, Article 5 of the Act provides that the City Court may impose fines for failure to comply with the decisions of the Competition Authority. Such fines have no specified maximum limit and may be imposed consecutively.

When imposing a fine, the following elements are taken into account:

- the duration and gravity of the infringement; when assessing the gravity of the infringement, particular account must be taken of the following: the nature of the infringement, the size and significance of the market and the infringement's actual or potential impact on competition in the market;

- the assistance provided by the undertaking during the investigation;

- other aggravating or mitigating factors.

In addition to those elements, Act 2016:966 of 3 November 2016 provides that account must also be taken of whether or not the undertaking has previously violated the prohibition under Chapter 2, 1 or 7 or Articles 101 or 102 TFEU or whether the undertaking has promptly ceased its participation in the infringement, or of its financial situation. Compensation paid in a settlement may be taken into consideration as an attenuating circumstance.

Fines 

Leniency is provided for in Chapter 3, Articles 12 to 15 of the Competition Act.

Pursuant to Chapter 3, Article 12, leniency regarding an administrative fine may be granted for an undertaking which has infringed a prohibition contained in Chapter 2, Section 1, if the undertaking is the first to notify the infringement to the Swedish Competition Authority and if it is only owing to the information contained in the notification that the Authority has obtained sufficient material to take action against the infringement. When the Swedish Competition Authority has already received sufficient material to take action against the infringement and no declaration in accordance with Section 15 has been made, leniency may be granted for the administrative fine to an undertaking that has infringed the said prohibition, provided that:

- the undertaking is the first to provide such information that results in it being established that the infringement occurred, or;

- the undertaking in some other way has to a very significant extent facilitated the investigation of the infringement.

Pursuant to Chapter 3, Article 14, in order to be granted leniency or reduction, the undertaking must also:

- provide the Swedish Competition Authority with all the information and evidence about the infringement which the undertaking has or gets access to;

- actively cooperate with the Swedish Competition Authority during the investigation of the infringement;

- refrain from destroying evidence or in any other way hindering the future or the present investigation of the infringement, and;

- stop its participation in the infringement as soon as possible after an application or after it has provided the information.

Under Chapter 3, Article 12 of the Competition Act, leniency may not be granted for the administrative fine to an undertaking that has compelled another undertaking to participate in the infringement.

The General Guidelines of the Swedish Competition Authority on immunity from fines and reduction of fines of 8 December 2014 (KKVFS 2015:1) give indications as to the conditions required for immunity from fines prior to or after an intervention by the Swedish Competition Authority and the level of fine reduction that can be expected in cases where total immunity cannot be granted. Pursuant to the Guidelines, the first undertaking to provide significant information about the infringement may receive a fine reduction of between 30-50%; for the second undertaking the reduction is between 20-30%, and for other undertakings the reduction is up to 20%.

Global Competition Law

722. Cease and desist orders

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Les notions juridiques connexes

722. Cease and desist orders

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