Chapter 1. Introductory provisions
The law's purpose, etc.
section 1 of this Act has the objective to eliminate and counteract
barriers to effective competition in terms of production and
trade in goods, services and other goods.
section 2 of the Act does not apply to agreements between
employers and employees about pay or other
terms and conditions of employment.
Article 3 of Council Regulation (EC) No 1/2003 of 16 december 2002
If the application of the rules on competition laid down in articles 81 and 82 of the
the Treaty and Council Regulation (EC) No 139/2004 of 20
January 2004 on the control of concentrations between undertakings is
provisions relevant to the application of this law.
4 § the Government Announces rules on which courts and
the competition authorities of the other authorities under Council
Regulation (EC) No 1/2003, if it is not provided for by this law.
Definitions
§ 5, for the purposes of this law firm, a natural or legal
person who operates by economic or commercial
natural, but not to the extent that the activity consists in
the exercise of public authority.
With companies means also an Association of undertakings.
section 6 of The Act, which is in the agreement shall also apply to
1. decision by an Association of undertakings, and
2. the concerted practices by companies.
section 7 with primary agricultural association referred to in this law an economic
Association whose members are individual farmers or other
enterprises engaged in agriculture, horticultural activity or
forestry. About Group of companies are members of
the Association, however, is considered to be the primary agricultural association only
If the associations only consists of local associations of
companies with operations of the specified kind.
Of the Act (2000:1025) on the meaning of the concepts of agricultural,
horticultural and forestry products in the Competition Act (2008:579)
There are rules about what is meant by such products.
section 8 With taxi companies referred to in this law, a company that
provide or perform taxi services or
comparable transport services.
Catalog central, a joint or stand-alone
function that takes orders and benefits
transport operations between taxi companies. The function can also perform
activities associated therewith.
§ 9 a concentration under this Act shall be deemed to occur
If control of the company permanently changed due to
1. two or more previously independent undertakings is switched
together, or
2. either to one or more persons already controlling
at least one company, or one or more undertakings by means of
acquisition of securities or assets, by contract or at
otherwise, directly or indirectly, in control of one or
several enterprises or parts thereof.
The formation of a joint venture on a lasting basis, fill
all the functions of an autonomous economic entity constitutes a
concentration within the meaning of the first subparagraph 2.
Outline of the law
section 10 of the Act contains provisions on the
-prohibited restrictions on competition (Chapter 2),
-action against restrictions of competition (Chapter 3),
-mergers (Chapter 4),
-the investigation of competition cases (Chapter 5.)
-vite (Chapter 6),
-Appeal (Chapter 7), and
-the proceedings in court (Chapter 8).
Chapter 2. Prohibited restrictions on competition
Anticompetitive co-operation between undertakings
§ 1 agreements between undertakings which have as their object or
effect the prevention, restriction or distortion of competition on the
the market significantly is prohibited, unless otherwise
provided for by this law.
This applies in particular to such agreement whereby
1. purchase or selling prices or other trading conditions
directly or indirectly establishes,
2. production, markets, technical development or
investment is restricted or controlled,
3. share markets or sources of supply;
4. apply dissimilar conditions to equivalent transactions;
whereby certain trading partners at a competitive disadvantage, or
5. subject to an agreement that the other
Party of supplementary obligations which, by their
nature or according to commercial usage, have no connection with the subject
for the agreement.
The exception from the prohibition against anti-competitive cooperation
between companies
section 2 of the prohibition laid down in paragraph 1 does not apply to an agreement
1. contributes to improving the production or distribution
or to promoting technical or economic
progress;
2. ensures the consumers a fair share of the profits
thus achieved,
3. only imposes on the undertakings concerned restrictions which are
necessary to achieve the objective of 1, and
4. do not give the companies concerned the possibility
competition for a substantial part of the assets in
issue.
section 3 of the prohibition in section 1 apply except for those groups of
Agreement (block exemptions) as referred to in
1. Act (2008:580) of block exemptions for anti-competitive
agreement on certain taxi cartel
2. Act (2008:581) if the block exemption for vertical
anti-competitive agreements,
3. Act (2008:582) on block exemptions for anti-competitive
specialisation agreements,
4. Act (2008:583) on block exemptions for anti-competitive
the research and development agreement,
5. Act (2008:584) if the block exemption for vertical
anticompetitive agreements in the motor vehicle sector,
6. Act (2008:585) on block exemptions for certain
anticompetitive agreements in the insurance sector, and
7. Act (2008:586) on block exemptions for anti-competitive
technology transfer agreements.
If an individual agreement, by law, the first subparagraph is
the derogation from the prohibition provided for in paragraph 1 of the agreement, however, has consequences that are
incompatible with section 2, the competition authority may decide to contract
should not be covered by the block exemption.
section 4 of the prohibition in paragraph 1 shall not apply to such agreements within a primary
agricultural association or its subsidiaries relating to interoperability
between the Association members about
1. the production, gathering, processing, sale or
coherent activities such as the use of common
facilities, storage, processing, distribution, or
marketing of agricultural products,
Horticulture or forestry products, or
2. the purchase of goods or services in respect of the activities referred to
in the 1.
The first paragraph does not apply to agreements which have as their object or
gives to the results
1. any Member prevented the free movement on the market or
more difficult
a) in the case of the choice of the customer or vendor,
(b)) in relation to the possibility of leaving the Association, or
(c)) in respect of similar importance, or
2. to directly or indirectly fix selling prices on
When sales are made directly between the Member and the third
man.
§ 5, the prohibition referred to in paragraph 1 does not apply to an agreement in writing between
taxi companies or between a central and taxi companies
If the agreement
1. concerning common transport activity through collaboration in a
the ordering Centre or in any other way in order to achieve
efficiency gains or other such financial benefits,
2. required to meet the societal interest of
access to taxi service, and
3. includes 40 taxi vehicles.
The exception referred to in the first subparagraph shall not apply to
1. to the extent the cooperation relating to procedure or conditions
mean or include
a) the setting of common prices,
b) Division of markets,
(c)) a notice period for connected taxi companies that exceed
six months from the time of termination or, in the case of a
Economic Association, provided that notice of termination must not be made
until at least after six months or longer from
the entry, or
d) ban for connected taxi companies after contract
output to compete with the common transport activities, and
2. to the extent that it is clear that the purpose of the common
transport activity or interest of access to
taxi service referred to in the first subparagraph 1 and 2 can be met without
that cooperation covers such a procedure or condition
referred to in 1.
The invalidity
paragraph 6 of the agreement or contract terms which are prohibited by section 1 is
invalid.
Corporate abuse of a dominant position
section 7 of the abuse by one or more undertakings of a
dominant position on the market is prohibited.
Such abuse may in particular consist in
1. directly or indirectly imposing unfair purchase or
selling prices or other unfair trading conditions,
2. limiting production, markets or technical development to the
the disadvantage of consumers,
3. applying dissimilar conditions to equivalent transactions;
whereby certain trading partners at a competitive disadvantage, or
4. make it a condition for entering into a contract to the other
Party of supplementary obligations which, by their
nature or according to commercial usage, have no connection with the subject
for the agreement.
Chapter 3. Action against restrictions of competition
The imposition
section 1 of the Swedish competition authority may order an undertaking to cease
violations of the prohibitions in Chapter 2. 1 or § 7 or article
101 or 102 of the TFEU.
An injunction under the first subparagraph shall be effective immediately, if the
anything else is not determined. Law (2010:642).
2 §/expires U: 2016-09-01/
If the competition authority in a particular case decides not to
notify an injunction pursuant to section 1 of the market court may make
it on the action of a company that are affected by the infringement. A
such a justice does not apply in cases where the Agency has applied the
Article 13 of Council Regulation (EC) No 1/2003.
2 section/entry into force: 2016-09-01/
If the competition authority in a particular case decides not to issue a direction under section, a company involved in infringement actions for such an imposition. One such tale right does not apply in cases where the authority has applied article 13 of Council Regulation (EC) No 1/2003.
Law (2016:224).
3 §/expires U: 2016-09-01/
If there are special reasons, get an injunction under section
be granted for a time until the issue has been finally determined.
The market court may notify such imposition only since
trial commenced.
3 section/entry into force: 2016-09-01/
If there are special reasons, get an injunction under section will be announced for the time until the issue has been finally determined. The Court shall notify such imposition since the trial started. Law (2016:224).
Commitment from companies
4 § has question arose if a company breaches any of the
prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 in
TFEU, a commitment from the company provide
The NCA reason not to intervene. Board's decision
to accept the commitment may cover a limited period of time. As long as the
the decision applies to get the work in those respects as obligation
do not include a condition attached pursuant to paragraph 1 or 3.
The competition authority may revoke a decision taken under the first
the paragraph on
1. the circumstances which were the basis for the decision has
changed in any material respect,
2. the decision comes to breach any obligation that has
specified in the order, or
3. the decision was based on incomplete, incorrect or
misleading information which the parties have submitted.
Law (2010:642).
Administrative fine
§ 5/expires U: 2016-09-01/
The Stockholm District Court, in an action by the Swedish competition authority
decide that a company will pay a special fee
(competition), if the company or a person acting
on its behalf, either intentionally or negligently, have infringed the
prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 in
TFEU.
The fee to the State.
Before the FCA refers about competition
against a company, the company shall be given an opportunity to be heard
over the Administration's draft statement of claim. Law (2010:642).
§ 5/comes into force in: 2016-09-01/
The Court may, on an action by the competition authority may order that a company will pay a special fee (competition), if the company or a person acting on its behalf, either intentionally or negligently, have infringed the prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 of the TFEU.
The fee to the State.
Before the FCA refers about an administrative fine against a company, the company shall be given an opportunity to comment on the Agency's draft statement of claim. Law (2016:224).
section 6 administrative fee shall not exceed ten per cent of
the turnover of the previous fiscal year.
If the action is directed against several companies, the fee shall be determined
especially for each of them.
section 7 of the competition must not be subject to
1. for measures covered by an injunction in accordance with 1, 2
or section 3, or a prohibition under section 27 or 30 that is
announced at a penalty under this Act,
2. for measures taken during the time when a decision
on accepting the commitment under paragraph 4(1) applied, if
measures are in accordance with the decision, or
3. in call cases.
In the case referred to in the first subparagraph 2, competition
be levied if the decision has been revoked pursuant to section 4 of the other
subparagraph 3. Law (2009:1280).
section 8 administrative fee shall be determined after the infringement
the value of sanctions.
In assessing the penalty value, it should be considered how
gravity and to the duration of the infringement.
In assessing the gravity of the infringement, in particular, the following
be taken into account:
1. nature of the infringement,
2. market scope and significance, and
3. concrete infringement or potential impact on the
competition in the market.
section 9 as aggravating circumstances in the assessment of
the company's infringement, it should especially be taken into account:
1. If the company has been able to participate in other companies
infringement, or
2. If the company has played a leading role in the infringement.
section 10 as the mitigating factor in assessing
the company's infringement, it shall in particular be taken into account if the company's
participation in the infringement has been limited.
section 11 When an administrative fee is determined to be, in addition to
circumstances relating to the infringement and, in particular,
the following shall be taken into account:
1. If the company previously have violated prohibitions in Chapter 2. 1
or section 7 or in article 101 or 102 of the TFEU,
2. If the company quickly has ceased the infringement since the
described by the Swedish competition authority, or
3. the financial situation of the company. Law (2010:642).
Remission and reduction of competition
section 12 of the competition receive remitted for a company
has infringed the prohibition in Chapter 2. paragraph 1 or article 101 of
TFEU, if the undertaking is the first to report the
the breach of the FCA and the notification contains
such information will work first through these have
with sufficient material for it to intervene against infringement.
When the competition authority already has enough material to
proceedings in respect of an infringement, the administrative fee remitted
for a company which infringed the prohibition on
1. the company is the first to provide such information as
It can be clarified that the infringement
occurred, or
2. the company otherwise in not more than materially has
facilitated the investigation of the offence.
Administrative fine shall not be remitted for a company
has forced another company to participate in the infringement. In
cases referred to in the second subparagraph, an administrative fine not
either remitted if
1. a company has a deferral in accordance with paragraph 14 (a)
paragraph, and such data as is required for the remission has
submitted before the grace period has expired, or
2. Declaration under section 15 has been notified.
Law (2014:443).
paragraph 13 of the administrative fine must be fixed at a lower
amount than what is to be done away with the application of §§ 8-11 for a
undertakings which have infringed the prohibition in Chapter 2. 1 § or
Article 101 of the Treaty on the functioning of the company to
FCA provide information that materially
facilitates the investigation of the offence.
When assessing the size of the reduction, it should be taken into account if
another company has already provided such information in
materially aided the investigation. Law (2010:642).
section 14 to be eligible for remission under section 12 or
reduction under section 13 to the company in addition to what is stated there
1. leave the competition authority with all the information and evidence about the
the infringement which it has, or has access to,
2. actively cooperate with the FCA during the investigation of the
infringement,
3. do not destroy evidence or otherwise complicate the
future or ongoing investigations into the breach, and
4. when the registration is done or data have been terminated or
as soon as thereafter cease its participation in the infringement.
14 a of the FCA may give a company payment to
provide such information as is required to
administrative fine shall be remitted pursuant to section 12 of the first
the paragraph on notification includes information about the product
infringement relates, which other companies participating in the
infringement and what infringement is intended to. About the company
the information before the grace period has expired, the
the data are considered to have received at the time of notification.
The competition authority may give a company payment to leave
such data as is required for an administrative fine shall
get remitted pursuant to section 12, second subparagraph 1. If the company leaves
data before the grace period has expired, the data shall
be considered to have been lodged when the postponement was requested. Law (2014:443).
section 15/expires U: 2016-09-01/
On application by a company who reports a violation of
prohibition in Chapter 2. § 1 or in article 101 of the TFEU,
The FCA in a decision explain if conditions
for remission under section 12 of the first subparagraph are fulfilled. A
such a decision is binding on the Agency and Stockholm
District Court and the market Court. Law (2010:642).
the entry into force of section 15/in: 2016-09-01/
On application by a company who reports a violation of the prohibition in Chapter 2. § 1 or in article 101 of the TFEU, the FCA in a decision explaining about the conditions for remission under section 12 of the first subparagraph are fulfilled. Such a decision is binding on the Agency and the courts in cases under section 5. Law (2016:224).
Charging procedure
16 § instead to bring proceedings for an administrative fine
under paragraph 5 of the FCA may submit an undertaking to
to pay such a charge (charging order).
Such an order may be notified only if FCA
considers that the facts regarding the violation is clear.
section 17 a charging order shall indicate
1. the undertaking to which the order relates,
2. the offence and the circumstances that are necessary for
to characterise it,
3. the provisions applicable to the infringement, and
4. the competition before the company.
The company, in order to be informed of that action for
competition can be instituted, if the company does not approve
the order within the time limit set by the FCA specifies.
section 18 If a fee order is accepted in writing by
the company within the time that the FCA specifies, the action
According to § 5 not be brought. An approval is not at this
method has no effect.
§ 19/expires U: 2016-09-01/
A charging order has been approved, after complaint
eliminated under the conditions provided for in Chapter 59. 6 §
first subparagraph, the code of judicial procedure. What it says about the
penalty order and the suspect case in doing so instead
charging procedure the respective companies.
Anyone who wants to complain shall do so in writing in Stockholm
District Court within one year from the time the order was approved. In
matters of complaint on a charging order is the FCA
counterparty.
Have a charging order have been removed, the company may not
then be required to pay a higher
competition for the same infringement.
the entry into force of section 19 of/in: 2016-09-01/
A charging order has been approved, after the complaint be eliminated under the conditions provided for in Chapter 59. first subparagraph of paragraph 6 of the code of judicial procedure. What it says about the penalty and the suspect will apply instead the charging procedure and business.
Anyone who wants to complain should do so in writing to the Patent and the market court within one year from the time the order was approved. In case of complaint on a charging order is the FCA counterpart.
If a charging order has been removed, then the company may not be required to pay a higher competition for the same infringement. Law (2016:224).
Statute of limitations
section 20 of the administrative fine shall be imposed only if the document instituting
notification of the claim directed to within five years from the
that infringement came to an end. If the undertaking concerned within this
time, part of a study as referred to in Chapter 5. paragraph 3 of the
or given the opportunity to submit observations on the Swedish competition authority's draft
the lawsuit, to time rather than calculated from the day
This was the case. In such cases, however, that fee may be imposed
only if the claim is directed against has been served
the lawsuit within ten years of the infringement
came to an end.
Attachment
section 21/expires U: 2016-09-01/
To ensure a claim for an administrative fine
get the right decide whether sequestration. In so doing, apply the provisions of
15. the code of judicial procedure concerning seizure claim. If an action for
competition has not yet been brought, an application for
Lien, however, examined by the Stockholm District Court.
the entry into force of section 21/in: 2016-09-01/
To ensure a claim for an administrative fine, the Court may decide on the attachment. In such a case, the provisions of chapter 15. the code of judicial procedure concerning seizure claim. Law (2016:224).
Payment of an administrative fine, etc.
section 22 of the administrative fine shall be paid to the Finnish competition authority
within thirty days after the judgment became final, or
charging order was approved or such longer period as
specified in the judgment or order.
If an administrative fee is not paid in time, the
FCA provide the unpaid fee for collection.
Provisions of the Recovery Act (1993:891) if
recovery of State assets and more Enforcement may be made
According to the enforcement provisions of the beam.
section 23 of The administrative fine imposed upon the falling away to the extent
enforcement has not been made within five years from the judgment
became final or charging order was approved.
Disqualification
section 24 of the Act (2014:836) on disqualification are
provisions relating to disqualification can be granted for some
violations of the prohibition in Chapter 2. paragraph 1 or article 101 of
TFEU. Law (2014:850).
Damages
section 25 if a company intentionally or negligently they infringe
prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 in
TFEU, the company shall compensate for the damage thereby
arise.
The right to compensation falls off, if an action is not brought within
ten years after the damage occurred. Law (2010:642).
section 26/expire U:2016-09-01 by law (2016:224)./
The Stockholm District Court is always competent to deal with questions about
damages under section 25.
Restrictive public sales activities
section 27 of the State, a municipality or a County may be prohibited from
in a sales activity covered by Chapter 1. paragraph 5, first subparagraph
apply a certain procedure, if this
1. distorts or is liable to distort,
conditions for effective competition in the market,
or
2. inhibit, or are liable to impede, the presence or
the development of such competition.
Bans may not be notified of proceedings is justified
from a general point of view.
A municipality or County may also be prohibited from conducting
a specific sales activity in the cases referred to in the first subparagraph. A
such activities may not be prohibited, if it is consistent
with the law.
A ban effective immediately, if the other is not determined.
Law (2009:1280).
section 28 of the provisions of section 27 also apply to a proceeding or a
in another legal entity of the State, a municipality
or a County has, directly or indirectly, a dominant
influence over the legal entity through ownership,
financial participation, existing rules or otherwise.
What is said about the State, a municipality or a County
apply where the legal person. Law (2009:1280).
section 29 a prohibition under section 27 may also include a procedure
or an activity that substantially complies with the
procedure or the activities are prohibited. Law (2009:1280).
30 § if there are special reasons for it, get a ban
According to section 27 is announced for the period until the final issue
has been adjudicated. Such a ban may be notified only since
trial commenced. Law (2009:1280).
section 31, the Court has made an application for prohibition under section 27 without
Therefore, the issue be re-examined, if the circumstances
the decision was based have changed in some
material respect.
A prohibition under section 27 may be reviewed, if there are special
reasons to repeal or soften the ban. Law (2009:1280).
32 §/expires U: 2016-09-01/
Questions about the prohibition under section 27 or review under
31 section examined by the Stockholm District Court on an action
by the Swedish competition authority. Application for review of an announced
prohibition may also be brought by the ban.
If the competition authority of a given case decides not to
bring an application for prohibition pursuant to section 27, may be brought by a
companies affected by the proceeding or of business.
Law (2009:1280).
the entry into force of § 32/in: 2016-09-01/
The competition authority may institute proceedings for prohibition pursuant to section 27 or review in accordance with section 31, second paragraph. An application for review of an announced ban may also be brought by the ban.
If the competition authority of a given case decides not to bring an action for prohibition pursuant to section 27, may be brought by a company involved in the procedure or of the business.
Law (2016:224).
Chapter 4. Concentrations between undertakings
Prohibition of mergers, etc.
1 § concentration examined under this Act shall
be prohibited, if the concentration is likely to significantly impede
the existence or development of effective competition in the
the country as a whole or a substantial part of it. "At
the examination of whether a merger should be prohibited, the
especially if it involves the creation of a dominant position
are created or strengthened.
A ban may be notified only if no significant national
safety or security interests thereby infringed.
To the extent that the creation of a joint venture,
constitutes a concentration within the meaning of Chapter 1. section 9, second subparagraph,
have as their object or effect the coordination of the
the competitive behaviour of undertakings that remain independent,
in the examination of the question of the prohibition of the concentration
coordination should be assessed according to Chapter 2. 1 and 2 sections.
2 § if there is sufficient to eliminate the harmful
the effects of a concentration, a party to the
concentration instead of prohibition under section should be required to
1. sell a business or part of an undertaking, or
2. perform any other pro-competitive measure.
An injunction under the first paragraph must not be more
demanding than what is required to the harmful effects of
the restriction of competition should be eliminated.
section 3 prohibits a merger means that a
Act as part of the merger or
as a aims to implement the merger then becomes
invalid. However, this does not apply to such acts as
consists of the acquisitions that have taken place on a regulated market
referred to in Chapter 1. 5 § 20 Act (2007:528)
the securities market, an equivalent market outside the
The European economic area or a
trading platform referred to in Chapter 1. 5 § 12 Act
the securities market or through inrop at auction. In
such cases, the transferee instead be required to dispose of the
that have been acquired.
4 § has question arose if the prohibition under section or imposition
According to section 2, a commitment from a party in
the merger result in OFC leaves
the concentration without action.
paragraph 5 of the decision of the competition authority to submit a
concentration without action will also cover
restrictions directly related and necessary
for the implementation of the notified concentration.
Notice of merger
6 § a concentration must be notified to the Swedish competition authority,
If
1. the undertakings together have had a turnover
the previous fiscal year in Sweden in excess of one billion
Crowns, and
2. at least two of the undertakings concerned had a turnover in
Sweden the previous fiscal year in excess of 200 million
dollars for each of the companies.
section 7 If the wagering requirement according to section 6 1 is met but
the turnover does not exceed that specified in section 6, 2 may
1. The competition authority may require a party to a concentration
to notify the concentration, when called by special
reasons, or
2. a party or other participants in a merger voluntarily
notify the concentration.
section 8 If a concentration consists of multiple transactions
between the same persons or undertakings, whereby parts of a
or more undertakings is acquired, for the purpose of calculating
sales transactions which took place within a period of two years
treated as only a concentration.
section 9 Of the registration obligation applies under section 6, the notification
be made by the person or persons acquiring control of a
company or a part of it. If the merger involves two
or more undertakings merge, the concentration notified by
These companies.
section 10 a notification of concentration may be made as soon as
party or other participants can show that they intend to
implementation of a concentration;
A notification of concentration must be made before
the concentration is implemented.
Specific study of concentration
section 11 of the competition authority shall, within twenty-five working days from the
to a complete notification of the merger to have come
up to announce decision on whether to implement a
specific study of concentration or leave
the concentration without action.
If the competition authority within the period prescribed in the first subparagraph has received
an undertaking by a party to the merger as a aims
the Agency shall submit the merger without remedy, are
the period of thirty-five working days.
section 12 before the time limit referred to in section 11 has expired, get a party and
Anyone participating in a concentration does not take
any action to pursue the merger. Ban
does not apply if the NCA decides before deadline
to leave the concentration without action.
If there are special reasons, the Swedish competition authority decide if
derogation from the prohibition provided for in the first subparagraph.
If it is necessary to ensure that the prohibition laid down in
compliance with the first subparagraph, shall notify the competition authority bans
or obligation of the parties or other participants in
corporate concentration. Law (2014:443).
Action for action against concentration
section 13/expires U: 2016-09-01/
If the competition authority within the time limit specified in section 11 has
decided on special examination, the authority may bring an action before the
The Stockholm District Court for prohibition pursuant to § 1 or imposition
According to section 2.
The action must be brought within three months of a decision on special
survey. Before the FCA refers, for the person who
' the action is given the opportunity to comment on the Agency's draft
to the lawsuit.
The Finnish competition authority has decided to leave a
concentration without the action, the action referred to in the first
the paragraph may be brought only if the Board's decision relied on the
false information provided by a party or other participants in the
concentration.
section 13/comes into force in: 2016-09-01/
If the competition authority within the time limit specified in section 11 has decided on the special examination, the authority may bring an action on the ban according to § 1 or the imposition under section 2.
The action must be brought within three months of a decision on a specific study. Before the FCA refers, it referred to with an action shall be given an opportunity to comment on the Agency's draft statement of claim.
If the competition authority has decided to provide a concentration without action, an action under the first paragraph may be brought only if the Board's decision has been based on false information provided by a party or other participants in the concentration. Law (2016:224).
section 14/expires U: 2016-09-01/
At the request of the competition authority, the Stockholm District Court
extend the time limit in paragraph 13 of the second paragraph by not more than one month in
broadcasting, if the parties to the merger agree. In the case of
other participants notified concentration according to paragraph 7 of the 2 required
even his consent. If the merger had taken place on the way
referred to in paragraph 3, second sentence, is the transferee's consent
enough.
If there are serious reasons, may the time limit be extended without such
the consent referred to in the first subparagraph.
the entry into force of section 14/in: 2016-09-01/
At the request of the FCA, Patent and market Court, extend the time limit in paragraph 13 of the second paragraph by not more than one month at a time, if the parties to the merger agree. In cases where another contributor notified concentration according to paragraph 7 of the 2 required his consent. If the merger had taken place as provided for in paragraph 3, second sentence, is the transferee's consent.
If there are serious reasons, may the time limit be extended without such consent referred to in the first subparagraph. Law (2016:224).
section 15/expires U: 2016-09-01/
A prohibition under section, or a direction under section 2,
not later than six months after the action brought
at the Stockholm District Court.
The time limit specified in the first subparagraph may be extended under the same
conditions provided for in section 14. A ban pursuant to § 1 or
an injunction under section 2 shall not, however, be notified later than two
years after the merger arose.
the entry into force of section 15/in: 2016-09-01/
A prohibition under section, or a direction under section 2 shall not later than six months after the action was brought.
The time limit specified in the first subparagraph may be extended under the same conditions provided for in section 14. A prohibition under section, or a direction under section 2 shall not, however, be notified later than two years after the merger arose.
Law (2016:224).
16 §/expires U: 2016-09-01/
If the Stockholm District Court judgment subject to appeal,
The market court decide the case within three months from the
time for appeal expired. The provisions of section 15 of the other
the paragraph also applies to Market Court.
16 section/entry into force: 2016-09-01/
If Patent and market the judgment of the Court of appeal, to Patent and market superior court judgment within three months from the time of the appeal went out.
The provisions of section 15, second subparagraph also applies for Patent and marknadsöverdomstolens review. Law (2016:224).
Temporary suspension of durations of time limits
16 a of the competition authority may suspend the period for
a term specified in section 11 and section 13, if a
Parties to the concentration have not followed the imposition
According to Chapter 5. Article 1, first subparagraph 1. The time limit begins to run again
the first working day following that on which the obligation has been complied with.
At the request of a party to the merger,
The Swedish competition authority temporarily stop the life of the
period referred to in section 11 for so many working days
authority determines.
FCA's decision referred to in the first subparagraph may be reviewed in the
a case under section 13. Law (2014:443).
Ban pending final review
section 17 Before the question of prohibition or imposition has been finally
the Court ruled on the claim of the FCA ban
Parties and other participants in a merger to take
any action to pursue the merger. Such a
decision requires, however, that a ban is justified by a
public interest that outweighs the nuisance action
causes.
section 18 an application for prohibition under section 17 shall not be granted without
that the decision applies and the person who made the application as
7 § 2 had the opportunity to comment On the merger taken place
as indicated in paragraph 3, second sentence, it is sufficient
that the purchaser has had the opportunity to be heard.
There are serious reasons, may a prohibition under section 17 of the notified
immediately apply until otherwise decided, without
to those referred to in the first subparagraph had the opportunity to be heard.
If the trial is not in progress, an application for prohibition under section 17 of the
be made in writing.
19 § a ban under section 17 has been decided when the trial does not
in progress will be cancelled immediately if the FCA does not Institute
proceedings under section 13. The same applies if the Agency decides to leave
the concentration without action.
Res judicata and internal review
section 20 Has the right provided an application for prohibition pursuant to § 1 or
the imposition under section 2 of the rejected, the issue be re-examined, if
party or other participants in the concentration has
misrepresentation of facts by material
importance for the decision. The action must be brought within one year from the
that the matter has been settled definitively.
section 21/expires U: 2016-09-01/
A prohibition under section, or a direction under section 2,
reviewed, if there is reason to reverse or mitigate
prohibition or imposition because this is no longer needed
or is no longer appropriate.
Application for re-examination shall be brought in the District Court of Stockholm of
The FCA or of someone affected by the decision.
the entry into force of section 21/in: 2016-09-01/
A prohibition under section, or a direction under section 2 may be reviewed, if there is any reason to cancel or mitigate the prohibition or imposition because this is no longer needed or are no longer appropriate.
An application for re-examination shall be brought by the competition authority or of someone affected by the decision. Law (2016:224).
Chapter 5. The investigation of competition cases
Investigation initiated by the Swedish competition authority
1 § if necessary to the NCA to carry out
their duties under this Act, the Agency may require
1. a company or anyone else to provide the data,
documents or other things,
2. are expected to be able to provide information on the matter to
appear for interrogation at the time and place that the work determines,
or
3. a municipality or a County Council which runs the business operations of
economic or commercial nature to account for costs and
revenues in the business.
An injunction under the first subparagraph shall be effective immediately, if any
other is not determined.
2 § at the hearing pursuant to article 1, first paragraph, the affidavit of the
as the interrogation is recorded. The statement shall be read out or occasion
given the questioned to otherwise review the record.
Record and review shall take place before the hearing ended,
or, if the hearing is particularly extensive or treats
complicated facts, as soon as possible thereafter.
The interrogatories shall be asked whether he or she has something to
object to the content of the record. An objection that is not
any amendment shall be recorded. After the review,
the record does not change.
3 §/expires U: 2016-09-01/
The Stockholm District Court may, on application by the Swedish competition authority
decide that the work must carry out an examination of a
companies to investigate whether it has infringed the prohibitions in Chapter 2.
1 or article 7 or article 101 or 102 of the TFEU, regarding
1. There is reason to believe that a violation has occurred,
2. the undertaking does not comply with an order under section
first subparagraph of paragraph 1 or the otherwise there is a risk that evidence
withheld or distorted, and
3. the importance of the measure to be taken is large enough to
outweigh the intrusion or another but who happen for
the affected by the measure. Law (2010:642).
3 section/entry into force: 2016-09-01/
Patents and the market court may, on application by the Swedish competition authority may decide that the Agency must carry out an examination of a company to investigate whether it has infringed the prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 of the TFEU, regarding
1. There is reason to believe that a violation has occurred,
2. the undertaking does not comply with an order under paragraph 1(1), 1, or it otherwise there is a risk that the evidence withheld or distorted, and
3. the importance of the measure to be taken is sufficient to outweigh the infringement or otherwise, but that action means for the affected by the measure. Law (2016:224).
4 section a decision under paragraph 3, may relate to a company other than
What is the subject of an investigation, if
1. as provided in section 3(1) and (3) are fulfilled,
2. There are specific grounds to believe that evidence of
the company, and
3. the undertaking does not comply with an order under section
first subparagraph of paragraph 1 or the otherwise there is a risk that evidence
withheld or distorted.
paragraph 5 of The decision referred to in paragraph 3, may relate to including housing and other
areas used by directors and employees in the
companies that are the subject of the investigation, if
1. as provided in section 3, paragraph 1 and 3 are fulfilled,
2. There are specific grounds to believe that evidence of
it applied for,
3. the application does not comply with an injunction
According to article 1, first paragraph 1 or that otherwise there is a risk that
evidence withheld or distorted, and
4. the investigation relates to a serious infringement.
6 §/expires U: 2016-01-01/
When the NCA conducts a survey, the work has
the right to
1. examine the books and other business records;
2. make copies of or extracts from books and
business records;
3. ask for oral explanations on the spot, and
4. gain access to the premises, land, means of transport and
other areas.
6 §/entry into force: 01/01/2016
When the NCA conducts a survey, the work has the right to 1. examine the books and other business records, 2. take copies of or extracts from the books and business records, 3. ask for oral explanations on the spot, and 4. gain access to the premises, land, means of transport and other areas.
In the case of electronically stored information, the measures provided for in the first subparagraph 1 and 2 shall be carried out in the FCA, if the survey is conducted among agree that information moved to the Agency's premises. He has the right to follow the measures work. Law (2015:402).
paragraph 7 of the decision ordering the investigation may be announced without the
the application concerns will have the opportunity to be heard, if it is to be feared
that investigation would otherwise lose in importance.
Decision referred to in the first subparagraph shall be submitted only to the
The Swedish competition authority. When the investigation begins to work
submit a copy of the decision to that of the
the survey will be carried out.
section 8/expires U: 2016-01-01/
A decision concerning the examination shall include information on
1. the subject-matter and purpose of the investigation,
2. the time when the investigation will start, and
3. The Swedish competition authority's powers under section 6.
Decision referred to in the first subparagraph shall be effective immediately, if the law does not
determines otherwise.
section 8/entry into force: 01/01/2016
A decision concerning the examination shall contain 1. subject matter and purpose of the investigation, 2. the time when the investigation will start, and
3. The Swedish competition authority's powers under section 6 of the first paragraph.
Decision referred to in the first subparagraph shall be effective immediately, if the law does not determine otherwise. Law (2015:402).
§ 9 the competition authority should conduct a survey of
have the right to call a lawyer.
Pending the adoption of such a counsel to appear,
The FCA does not begin the investigation. However, this does
not, if
1. the survey has adopted unnecessarily delayed, or
2. the survey has taken pursuant to paragraph 7 of the first paragraph.
section 10/expires U: 2016-01-01/
The competition authority may request the assistance of the
Enforcement authority to carry out the measures referred to in
6 § 1, 2 or 4.
For assistance in enforcement of the provisions of the code
enforcement of obligations that do not relate to
payment obligation or eviction. Enforcement authority shall
not, however, inform it of the investigation, the
implemented before the execution takes place.
section 10/entry into force: 01/01/2016
The competition authority may request the assistance of enforcement authority to carry out the measures referred to in section 6, first paragraph 1, 2 or 4.
For assistance, the provisions of the enforcement code for enforcement of obligations which do not relate to the obligation to pay or eviction. Enforcement authority shall not, however, inform the investigation shall be conducted as in before the execution takes place. Law (2015:402).
11 §/expires U: 2016-01-01/
Measures pursuant to paragraph 1 or 6 shall not refer to a written
action
1. whose content can be assumed to be such that a lawyer or a
lawyer's representation may not be heard as a witness of the contents, and
2. held by the lawyer or counsel or to the
the benefit of the professional secrecy applies.
If the competition authority is of the opinion that a certain act should be subject to
a survey and the action relates to invoke that
the plot is protected under the first paragraph, the story
immediately sealed and swiftly transmitted to Stockholm
District Court by the competition authority.
The District Court shall without delay examine whether the Act should be subject to
by the Swedish competition authority's investigation.
11 §/entry into force: 01/01/2016
Measures pursuant to paragraph 1 or 6 shall not refer to a written document 1. whose content can be assumed to be such that a lawyer or a lawyer's counsel may not be heard as a witness of the content, and 2. held by the lawyer or counsel or by the professional secrecy applies in favour of.
If the competition authority is of the opinion that a certain act should be the subject of an investigation and that the measure concerns invokes that the document is protected in accordance with the first paragraph, the story immediately sealed and promptly handed over to the District Court of Stockholm by the Swedish competition authority.
The District Court shall without delay examine whether the Act should be covered by the Swedish competition authority's investigation.
Law (2015:402).
11 §/comes into force in: 2016-09-01/
Measures pursuant to paragraph 1 or 6 shall not refer to a written document 1. whose content can be assumed to be such that a lawyer or a lawyer's counsel may not be heard as a witness of the content, and 2. held by the lawyer or counsel or by the professional secrecy applies in favour of.
If the competition authority is of the opinion that a certain act should be the subject of an investigation and that the measure concerns invokes that the document is protected in accordance with the first paragraph, the story immediately sealed and promptly forwarded to the Patent-
and the market Court by the competition authority.
The Court shall without delay examine whether the Act should be covered by the Swedish competition authority's investigation. Law (2016:224).
12 §/expires U: 2016-01-01/
Measures taken by the Finnish competition authority according to 1 or
paragraph 6, there is no duty to disclose
trade secrets of a technical nature.
12 §/entry into force: 01/01/2016
Measures taken by the Finnish competition authority in accordance with paragraph 1 or 6, there is no obligation to disclose trade secrets of a technical nature. Law (2015:402).
paragraph 13 of The who are responsible for or are subject to
examination under this Act shall not impose unnecessary.
Investigation on the request of the European Commission or authority in other
Member State
section 14 paragraphs 1 and sections 11-13 of the collection of data
also applies when the competition authority to take such measures on
the request of a competition authority of another Member State in
The European Union.
section 15 of the provisions in paragraphs 3-13 if examinations applies even when
The Swedish competition authority take such steps at the request of a
competition authority of another Member State of the European
Union.
the provisions of section 16 of the 6 and 9 to 13 sections also applies when
The Swedish competition authority, at the request of the European Commission,
carrying out such an examination referred to in article 22(2) of
Council Regulation (EC) No 1/2003. The provision in section 9 other
the first sentence shall not apply if it can be expected
that investigation would lose in significance, if not
begins immediately.
The first paragraph also applies when the competition authority at the request of the
the Commission carries out such an examination referred to in
Article 12(1) of Council Regulation (EC) No 139/2004.
Law (2011:872).
section 17 when the European Commission has decided on a
investigation pursuant to article 20(4) of Council Regulation (EC) no
1/2003 or pursuant to article 13(4) of Council Regulation (EC) no
139/2004, the enforcement authority on the application of
The Swedish competition authority decide on assistance to
the survey shall be carried out.
At the assistance referred to in the first subparagraph shall apply section 10 other
paragraph. Law (2010:642).
section 18/expires U: 2016-09-01/
Questions about prior authorisation according to article 21(3) of Council
Regulation (EC) No 1/2003 are examined by the Stockholm District Court on
application of the FCA.
If the decision whether prior approval granted pursuant to the first
subparagraph, the provisions of section 17 on official assistance.
the entry into force of section 18/in: 2016-09-01/
Questions about prior authorisation according to article 21(3) of Council Regulation (EC) No 1/2003 are being assessed by Patents and the market Court on the application of the FCA.
If the decision whether prior approval granted in accordance with the first subparagraph, the provisions of section 17 on official assistance.
Law (2016:224).
Legal assistance to the authorities of other States
section 19 of the FCA may indicate a condition attached pursuant to § 1, if
It is requested by an authority of a State with which Sweden has
concluded an agreement on judicial assistance in
competition cases. If the injunction is announced, the provisions of
11-13 § § apply.
20 §/expires U: 2016-09-01/
At the request of an authority of a State with which
Sweden has entered into an agreement on judicial assistance in
competition cases, the Stockholm District Court on application by
The competition authority may decide that the work may make a
investigation of a business or anyone else to assist
the other State to investigate if someone has breached the
the State's competition rules, if
1. as provided in paragraph 5 of the 1-3 are met, and
2. the procedure under investigation is of a kind that at
the application of this Act or of the European Union
competition rules would have involved an infringement of
prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 in
TFEU, if any of these regulations had been applied to the
procedure.
In the case referred to in the first subparagraph, the provisions of
6 – 13 sections. Law (2010:642).
20 section/entry into force: 2016-09-01/
After a request of an authority of a State with which Sweden has entered into an agreement on legal assistance in competition matters, Patent and market Court on the application of the competition authority may decide that the Agency must carry out an examination of a company or any other to assist the other State to investigate if someone has breached the State's competition rules, if
1. as provided in paragraph 5 of the 1-3 are met, and
2. the procedure under investigation is of a kind for the purposes of this Act or of the European Union competition rules would have involved a breach of the prohibitions in Chapter 2. 1 or article 7 or article 101 or 102 of the TFEU, regarding any of these regulations had been applied to the proceedings.
In the case referred to in the first subparagraph, the provisions of §§ 6-13. Law (2016:224).
Chapter 6. VITE
The imposition of a penalty payment
§ 1 the following obligations or prohibitions may be subject to liquidated damages:
1. the obligation under Chapter 3. 1, 2 or 3 sections,
2. the prohibition referred to in Chapter 3. 27 or 30 §,
3. Prohibition pursuant to Chapter 4. section 1,
4. imposition according to Chapter 4. 2 or 3 sections,
5. prohibition or injunction pursuant to Chapter 4. section 12 of the third subparagraph,
6. Prohibition pursuant to Chapter 4. section 17, and
7. the imposition in accordance with Chapter 5. § 1.
A decision on the examination in accordance with Chapter 5. 3 or section 20,
combined with a penalty. The competition authority may attach to a decision
fulfilment of the obligations set out in Chapter 4. section 6, or section 7 of 1 with
liquidated damages.
The competition authority may attach to a decision to accept an undertaking
provided in accordance with Chapter 3. paragraph 4(1) or pursuant to
Chapter 4. 4 section with a penalty. Such a decision shall be effective immediately, if the
anything else is not determined. Law (2009:1280).
Imposition of a penalty payment
2 §/expires U: 2016-09-01/
Action to condemn any penalty imposed pursuant to this
law brought by the Swedish competition authority at the District Court. In the case of liquidated damages as
The market Court has submitted to proceedings of a company may
action to condemn any penalty would be kept by the company.
The Stockholm District Court is always competent to hear a claim
under the first subparagraph.
2 section/entry into force: 2016-09-01/
An action to impose a penalty before under this Act conducted by the competition authority. In the case of a penalty that has been submitted to the action of a company gets the action to condemn any penalty would be kept by the company. Law (2016:224).
Chapter 7. Appeal
1 §/expires U: 2016-09-01/
Decision of the competition authority in the following matters may be appealed
of the market Court:
1. measures referred to in Chapter 2. paragraph 3, second subparagraph,
2. obligations have announced according to Chapter 3. section 1 of the first
paragraph or section 3,
3. a decision as referred to in Chapter 3. paragraph 4, second subparagraph,
4. Prohibitions or obligations pursuant to Chapter 4. section 12 of the third subparagraph,
5. obligations under Chapter 5. paragraph 1, and
6. recalls of the exception under article 29(2) of Council
Regulation (EC) No 1/2003.
Other decisions by the competition authority under this Act shall not
subject to appeal.
the entry into force of § 1/in: 2016-09-01/
Decision of the competition authority in the following matters may be appealed to Patent and market Court:
1. measures referred to in Chapter 2. paragraph 3, second subparagraph,
2. obligations have announced according to Chapter 3. Article 1, first paragraph, or section 3,
3. a decision as referred to in Chapter 3. paragraph 4, second subparagraph,
4. Prohibitions or obligations pursuant to Chapter 4. section 12 of the third subparagraph,
5. obligations under Chapter 5. paragraph 1, and
6. recalls of the exception under article 29(2) of Council Regulation (EC) No 1/2003.
Other decisions by the competition authority under this law may not be appealed. Law (2016:224).
2 §/expires U: 2016-09-01/
Judgments and orders of the Court in case and
cases under this Act be appealed to the national court.
For judgments and any decision on damages applies to this though
only when such a case investigated jointly with a goal of
administrative fine in accordance with Chapter 8. 7 §.
The first subparagraph shall not apply in cases where an action is brought for judging
out penalties pursuant to Chapter 6. 2 §.
Decision of the District Court of the issues referred to in Chapter 3. section 30 and 4
Cape. section 17 may be appealed in particular. Law (2009:1280).
2 section/entry into force: 2016-09-01/
Decision of the Patent and the market Court in matters referred to in Chapter 3. section 30 and Chapter 4. section 17 may be appealed in particular. Law (2016:224).
Chapter 8. The proceedings in court
/Rubriken expires U: 2016-09-01/
Applicable regulatory system
/Rubriken entry into force: 2016-09-01/
Competent court
1 §/expires U: 2016-09-01/
Subject to the provisions of this law are applied in court
the provisions set out in paragraphs 2 to 4.
In other cases than those referred to in the first subparagraph shall apply the law
(1996:242) about court cases.
the entry into force of § 1/in: 2016-09-01/
Patents and the market Court is the proper Court in matters of
1. the obligation referred to in Chapter 3. section 2,
2. an administrative fine pursuant to Chapter 3. section 5,
3. the lien pursuant to Chapter 3. section 21,
4. damages under Chapter 3. section 25,
5. the prohibition referred to in Chapter 3. 27 and paragraphs 31 and 32, paragraph,
6. prohibition or injunction referred to in Chapter 4. 13, 17, 20 and 21 sections, and
7. the imposition of penalties pursuant to Chapter 6. 2 §.
An action under the first paragraph 4 may also be brought before a court competent under 10 Cape. the code of judicial procedure.
Law (2016:224).
/Rubriken entry into force: 2016-09-01/
Applicable regulatory system
2 §/expires U: 2016-09-01/
The provisions of the code of judicial procedure of civil litigation where
conciliation on the matter is not allowed to be applied in cases such as
referred to in
– Chapter 3. 2, 5, paragraphs 27 and 31, and paragraph 32,
– Chapter 3. section 21 and Chapter 4. section 17, although any action is not
brought, and
— Chapter 4. sections 13 and 20 and 21 section.
Law (2009:1280).
2 section/entry into force: 2016-09-01/
The provisions of the code of judicial procedure of civil cases where conciliation on the matter are not permitted to be applied in the case referred to in
– Chapter 3. 2, 5, paragraphs 27 and 31, and paragraph 32, – Chapter 3. section 21 and Chapter 4. section 17, even if the action is not brought, and Chapter 4. sections 13 and 20 and 21 section.
The provisions of the Act (1996:242) if the court cases apply in cases initiated by an application to Patent and market Court. Law (2016:224).
3 §/expires U: 2016-09-01/
In case of elimination of approved tariff notice under
Chapter 3. Article 19 shall apply the following provisions.
In dealing with in the District Court of Stockholm shall apply chapter 52. 2,
3 and 5-12 of the code of judicial procedure. Provisions relating to the Court of appeal
in doing so, applies instead of the District Court.
In the matter of the appeal of the District Court's decisions on
complaint at 49 and 52 apply charging procedure kap.
the code of judicial procedure. What it says about the court case in
Instead the market Court.
The District Court and the Court may decide that a
charging order may be executed until further notice.
3 section/entry into force: 2016-09-01/
In case of elimination of approved tariff notice under Chapter 3. Article 19 shall apply the following provisions.
In dealing with Patent and market Court applied 52 Cape. 2, 3 and 5 – 12 of the code of judicial procedure. Provisions relating to the Court of appeal apply instead for the patents and the market Court.
In the matter of the appeal of the Patent and the market court decision on complaint at 49 and 52 apply charging procedure kap. the code of judicial procedure. What it says about the court case rather than Patent and market superior court.
The Court may decide that a charging order may be executed until further notice. Law (2016:224).
4 §/expire U:2016-09-01 by law (2016:224)./
In the case of imposition of penalties pursuant to Chapter 6. 2 § apply
the provisions of the code of judicial procedure on criminal cases.
§ 5/expire U:2016-09-01 by law (2016:224)./
In cases under Chapter 7. section 2, it is said about
the Court of appeal in 49, 50 and 52. the code of judicial procedure, and section 39
first subparagraph, Act (1996:242) if court cases instead
apply the market Court.
/Rubriken expires U: 2016-09-01/
Joint processing
6 § U:2016-09-01/expires by law (2016:224)./
Goals and issues under this Act which are administered by the same
Court must be dealt with, if there is a benefit to
the investigation. The proceedings shall be made in accordance with section 2.
The first paragraph does not apply to cases under Chapter 6. 2 §. The same
valid targets for damages, unless such cases are dealt with
in common with the target if an administrative fine under section 7.
In the case of joint management in the market of destination, as referred to
in Chapter 3. 2 § and case under this law, the provisions of
the code of judicial procedure of the trial in the District Court shall apply. In other
cases apply for the joint processing of the market Court
the trial bar rules on trial in the Court of appeal.
section 7/expire U:2016-09-01 by law (2016:224)./
The Stockholm District Court may, if appropriate, decide to
a case for damages should be dealt with with a goal of
administrative fine. If a continued joint processing
would cause significant inconvenience, the District Court may decide
to distinguish the objectives.
/Rubriken expires U: 2016-09-01/
The composition of the District Court
section 8/expire U:2016-09-01 by law (2016:224)./
At a hearing in such cases referred to in Chapter 7. section 2 of the
the first subparagraph does not apply to liquidated damages, the District Court shall consist
of the four members, two of whom shall be a judge-in-training and
two economic experts. One of the scholars the judges shall be
presiding judge.
If any of the members are unable to attend after the
the trial has begun, the law still attained.
At the main hearing in the cases referred to in Chapter 1. 3 a of the other
or, third subparagraph, the code of judicial procedure, the District Court shall consist of
a legally qualified judges. In such cases, even an economic expert
Delta.
§ 9/expire U:2016-09-01 by law (2016:224)./
When the target is determined without a hearing and when issues relating
the trial examined consists of a legally qualified District Court
judge. In such cases, even an economic expert to participate. If
There are special reasons, taking into account the target's or query's
nature, the District Court have the composition specified in
section 8 of the first paragraph.
section 10/expire U:2016-09-01 by law (2016:224)./
When the District Court hears cases in accordance with Chapter 5. section 3, paragraph 11 of the
third, 18 or 20 § in the District Court shall have the thing
composition as specified in paragraph 8. If it is
sufficient given the nature of the product,
the District Court shall consist of a legally qualified judge or by a legally qualified
judges and an economic expert.
At the different handling of matters, the District Court shall consist of a
legally qualified judge or by a legally qualified judges and an economic
expert.
11 § U:2016-09-01/expires by law (2016:224)./
The Government or the authority, as the Government determines
orders for some time those who will serve as economic
experts in Stockholm District Court.
If while an economic expert involved in the processing of a
case or case, a circumstance that causes
the appointment cease to apply, the mandate still valid in
the pending case or matter.
The who will serve as an economic expert to be Swedish
citizens and must not be a minor or in the
bankruptcy condition or have managers under Chapter 11. 7 §
parental code. Team (2013:113).
The FCA as part
section 12 Of the competition authority as a party to the case under this law
regarding the imposition of party and party accused the
as in the code of judicial procedure is prescribed for prosecutors.
Opinion from other than party
paragraph 13 of an opinion given by the European Commission
or competition authority in application of article 15 of Council
Regulation (EC) No 1/2003 shall be taken into account by the law but that it
invoked by the parties. The Parties shall be given an opportunity to be heard
of the opinion. Law (2010:642).
Questioning in court
section 14 For questioning in court with one party or another to 36
Cape. 16 of the code of judicial procedure applicable in the case of
what he or she has told at a hearing pursuant to Chapter 5.
section 1 of the Swedish competition authority.
Legal costs
15 § in cases under this Act apply in respect of
costs 31 Cape. the code of judicial procedure, if not something
otherwise specified in this law.
In the case referred to in Chapter 3. 2 § and § 32, second subparagraph, and in
goals for damages shall apply chapter 18. the code of judicial procedure. If the
There are special reasons, the Court, in a case referred to in Chapter 3.
section 2 or section 32 may decide that each of
the Parties shall be responsible for its own costs.
Law (2009:1280).
section 16 of the cases under Chapter 3. 5 § receives compensation for
costs be paid for the reasonable cost incurred after
the party had the opportunity to express their views on
The Swedish competition authority's draft statement of claim. In such a
the target receives compensation to the State for the OFC
costs that then occurred due to party
intentionally or through negligence caused an unnecessary trial.
section 17 of the cases under Chapter 4. 13 § receives compensation for
costs be paid for the reasonable cost incurred after
the party had the opportunity to express their views on
The Swedish competition authority's draft statement of claim. Are terminated a
such goal due to the Swedish competition authority has withdrawn its
action, not responding State of the parties ' legal costs.
This applies only when the recall is due to the fact that the parties to the
the merger has withdrawn their notification to
The Swedish competition authority.
section 18 has the goal of damages dealt with jointly with the goal of
competition responds that brought an action for damages
only for the specific charge that he caused. For such
cost is not responding party seeks an administrative fine.
Transitional provisions
2008:579
1. this law shall enter into force on 1 January 2008, when
Competition Act (1993:20) is repealed and the law
(2005:702) to amend the Competition Act (1993:20) shall be deleted.
2. The prohibitions in Chapter 2. 1 and 7 paragraphs also applies in the case of agreements
that exist or procedures applied when this law
entry into force, unless the agreement or practice is allowed
According to the older provisions. The same applies in the case of agreements which
exist or procedures before entry into force
of this law.
3. Judgments and orders that have been issued under the older law
should still apply, unless otherwise provided in paragraphs 4 to 6.
4. in the case of derogations that have been decided according to paragraph 8 of
Competition Act (1993:20) in the version in force before 1 July 2004
apply the rules in force for the duration of the exemption
According to the decision on this. A decision on exemption shall, however, after
entry into force not be renewed under section 11 or 16 in the
older version of the law before 1 July 2004.
5. in respect of exceptions that apply as a result of the provision in
section 13 of the Competition Act (1993:20) in the version in force before 1 July
2004 apply existing provisions.
6. in the case of negative clearance that has been decided before the
1 July 2004 shall apply the provisions of
Competition Act (1993:20).
7. Administrative fine may be imposed for breaches of
the prohibitions of article 101 or 102 of the TFEU as regards
period after 1 January 2001. Law (2010:642).
8. For infringements committed before 1 August 2005 should
in determining an administrative fee is not considered to
the company previously infringed the prohibitions in article 101 or 102
TFEU. Law (2010:642).
9. The provision in Chapter 3. section 20 also apply to violations
committed before the entry into force, unless the possibility of
impose an administrative fine has lapsed before that, according to
older provisions.
10. For claims for damages that have been incurred prior to 1
August 2005, the right to compensation is considered to have fallen off if
an action is not brought within five years from the time the damage occurred.
11. with regard to mergers that have occurred prior to
entry into force applies to the older competition act.
12. With regard to matters that are before the entry into force is
Bankruptcy Court to older rules are applied.
2014:443
1. This law shall enter into force on August 1, 2014.
2. Older provisions still apply for
mergers have been notified prior to
the entry into force.
2016:224
1. this law shall enter into force on 1 september 2016.
2. Proceedings instituted in the District Court or Court of appeal prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.
3. If the main hearing has commenced before the entry into force, the proceedings in the District Court or the Court of appeal, however, completed under older rules.
