Law (2008:585) On Block Exemptions For Certain Restrictive Agreements In The Insurance Sector

Original Language Title: Lag (2008:585) om gruppundantag för vissa konkurrensbegränsande avtal inom försäkringssektorn

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:585

section 1 of this Act apply to contracts concluded between two or

several companies in the insurance sector in the following ways:



1. To jointly compile and disseminate the information required

in order to



-calculate the average cost of covering a specified risk in

the past,



-mortality tables, and tables of sickness,

accident and invalidfrekvenser in connection with insurance

contains a capitalization.



2. To jointly conduct studies on the likely

the impact of general circumstances external to the interested

enterprises, either on the frequency or size of the future

claims for a given risk or risk category or on the

the profitability of different types of investments and spread

the results of these studies.



3. To form and manage pools of insurance undertaking or

pools of insurance undertakings and reinsurance undertakings for the common

coverage of a specific category of risks in the form of coinsurance

or co-reinsurance.



The provision in Chapter 1. section 6 of the Competition Act (2008:579) shall also

apply to agreements under this Act. Law (2010:643).



section 2 Under the conditions laid down in paragraph 3 of the terms of such agreements

referred to in article 1 which contain restrictions on competition and

covered by Chapter 2. paragraph 1 of the Competition Act (2008:579) exception

from the prohibition provided for in the same paragraph to such agreements. Exception

However, only for those categories of agreements that meet

the conditions for exemptions in Chapter 2. section 2 of the competition act.



Of Chapter 2. paragraph 3 of the Competition Act, it follows that the FCA can

decide that an individual agreement, which as a result of a

block exemption under this Act is exempt from the prohibition in 2

Cape. paragraph 1 of the same law, should not be covered by the exemption if the agreement

has effects which are incompatible with Chapter 2. section 2 of the competition act.



section 3 of the terms of the agreements apply the provisions of

Commission Regulation (EU) No 267/2010 of 24 March 2010

on the application of article 101(3) of the Treaty on European

Union to certain categories of agreements, decisions

and concerted practices in the insurance sector

Accordingly, with the exception of articles 2, 5, 8 and 9.

However, references to the exemption provided for in article 2 or 5 relate to

section 2 in conjunction with § 1. Law (2010:643).