Chapter 1 - Introductory provisions
The purpose of the Act etc.
Art. 1.
The purpose of this Act is to eliminate and counteract obstacles to effective competition as regards the production of and trade in goods, services and other commodities.
Art. 2.
This Act is not applicable to agreements entered into between employers and employees relating to wages and other conditions of employment.
Art. 3.
The Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the TFEU and the Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentration between undertakings contain provisions that are relevant to the applicability of this Act.
Art. 4.
Regeringen meddelar föreskrifter om vilka domstolar och andra myndigheter som är konkurrensmyndigheter enligt rådets förordning (EG) nr 1/2003, om det inte följer av denna lag.
Definitions
Art. 5.
For the purposes of this Act, an undertaking shall be defined as a natural or legal person who conducts operations of a financial or commercial nature, with exception for activities that involve the exercise of public authority.
The term undertaking shall also include associations of undertakings, unless otherwise stated in this Act.
Art. 6.
The provisions of the Act regarding agreements shall also apply to:
- decisions by an association of undertakings, and
- concerted practices.
Art. 7.
In this Act, a primary agricultural association is defined as an economic association whose members are individual farmers or other undertakings operating in agriculture, horticulture or forestry businesses. If the associations of such undertakings are members of the association, it will only be considered as a primary agricultural association if those associations comprise local associations of undertakings operating in business of the activities prescribed.
The Act (2000:1025) on the meaning of the terms Agricultural, Horticultural and Forestry produce as used in the Competition Act (2008:579) contains provisions on what is referred to by such products.
Art. 8.
In this Act, a taxi undertaking is defined as an undertaking providing or carrying out taxi services or comparable transport services.
A central booking service is defined as a joint or independent function that receives orders and distributes transport assignments between taxi undertakings. The function can also perform related activities.
Art. 9.
According to this Act, a concentration shall be deemed to arise if there is a lasting change of the control of an undertaking as a result of:
- the merger of two or more previously independent undertakings, or
- the acquisition through the purchase of shares or assets, by agreement or otherwise, of direct or indirect control of one or more undertakings or parts thereof by one or more persons who already control at least one undertaking, or by one or more undertakings.
The creation of a joint venture which fulfils all the functions of an autonomous economic entity on a lasting basis constitutes a concentration within the meaning of the first paragraph, subsection 2.
The content of the Act
Art. 10.
The Act contains provisions concerning
- prohibited restrictions on competition (Chapter 2),
- measures against restrictions on competition (Chapter 3),
- concentrations between undertakings (Chapter 4),
- investigation of competition matters (Chapter 5),
- conditional fines (Chapter 6),
- appeals (Chapter 7), and
- court handling procedure (Chapter 8).
Chapter 2 - Prohibited restrictions of competition
Art. 1.
Agreements between undertakings shall be prohibited if they have, as their object or effect, the prevention, restriction or distortion of competition in the market to an appreciable extent, unless otherwise is regulated in this act.
The foregoing shall apply, in particular, to agreements which:
- directly or indirectly fix purchase or selling prices or any other trading conditions,
- limit or control production, markets, technical development or investments,
- divide markets or sources of supply,
- apply dissimilar conditions to equivalent transactions whereby certain trading parties is given a competitive disadvantage, or
- make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations, which by their nature or according to commercial usage have no connection with the subject of such contracts.
Exemptions from the prohibition on anti-competitive cooperation between undertakings
Art. 2.
The prohibition in Section 1 does not apply to agreements that:
- contribute to the improvement of production or distribution or to the promotion of technical or economic progress,
- allow consumers a reasonable share of the resulting benefit,
- only impose restrictions on the undertakings concerned which are indispensable to the attainment of the objective referred to in 1, and
- do not afford the undertaking concerned the possibility to eliminate competition in respect of a substantial part of the utilities in question.
Art. 3.
Exemptions from the prohibition in Article 1 shall apply to such groups of agreements (block exemption) in:
- the Block Exemption for Agreements Restricting Competition (Certain Taxi Operations) Act (2008:580),
- the Block Exemption for Agreements Restricting Vertical Competition Act (2008:581),
- the Block Exemption for Agreements Restricting Competition (Specialisation Agreements) Act (2008:582),
- the Block Exemption for Agreements Restricting Competition (Research and Development Agreements) Act (2008:593),
- the Block Exemption for Vertical Agreements Restricting Competition (Motor Vehicle Sector) Act (2008:584),
- the Block Exemption for Agreements Restricting Competition (Technology Transfer) Act (2008:586).
If an individual agreement, as a consequence of a block exemption according to the first paragraph, is exempted from the prohibition in Section 1 but has effects which are incompatible with Section 2, the Swedish Competition Authority may determine that the agreement shall not be covered by the block exemption.
Art. 4.
The prohibition in Section 1 does not apply to those agreements within a primary agricultural association or its subsidiaries that concern co-operation between the members of the association regarding:
- the production, collection, processing, sale or related activities such as the use of jointly owned facilities, storing, preparation, distribution or marketing in the context of agricultural, horticultural or forestry produce, or
- the purchase of goods or services for such activity as is referred to in subsection 1.
The first paragraph shall, however, not apply to agreements the object or effect of which is:
- the prevention or restriction of free movement of a member on the market
- with respect to the choice of a buyer or a supplier,
- with respect to the possibility of leaving the association, or
- in other respects of equivalent importance, or
- the setting of selling prices, directly or indirectly, for goods where the sale takes place directly between the member and a third party.
Art. 5.
The prohibition in Section 1 does not apply to a written agreement between taxi undertakings or between a central booking service and taxi undertakings if the agreement:
- concerns joint transport activities through co-operation by means of a central booking service or in other ways for the purpose of achieving efficiency gains or other such financial advantages,
- is required to satisfy the public interest in having access to taxi services, and
- covers a maximum of 40 taxi vehicles.
The exemption in the first paragraph shall not apply:
- to the extent that the co-operation concerns practices or conditions which involve or cover
- the setting of joint prices,
- the division of markets,
- a notice period for participating taxi undertakings which exceeds six months from the date when notice is given, or concerning an economic association, conditions that notice may not be given until six months at the earliest, or a longer period after entry, or
- prohibition for a participating taxi undertaking to compete with the joint transport activity after the expiry of the agreement, and
- to the extent that it is evident that the purpose of the joint transport activity or the interest of access to taxi services in accordance with the first paragraph, subsections 1 and 2 can be satisfied without the co-operation covering such practices or conditions as set out in subsection 1.
Nullity
Art. 6.
Any agreement or terms of agreement which are prohibited pursuant to Section 1 are invalid.
Abuse of a dominant position
Art. 7.
Any abuse by one or more undertakings of a dominant position on a market is prohibited.
Such abuse may, in particular, consist of:
- directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions,
- limiting production, markets or technical development to the prejudice of consumers,
- applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, or making the conclusion of contracts subject to acceptance by the other party of supplementary obligations, which by their nature or according to commercial usage have no connection with the subject of such contracts.
Chapter 3 - Actions against restrictions on competition
Orders
Art. 1.
The Swedish Competition Authority may order an undertaking to cease an infringement of any of the prohibitions laid down in Chapter 2, Section 1 or 7 or Article 101 or 102 TFEU.
An order pursuant to the first paragraph may include behavioral or structural measures that are necessary for the violation to cease. When choosing between measures that are equally effective, the measure that is least adverse for the undertaking shall be chosen.
An order pursuant to the first paragraph shall take effect immediately, unless otherwise provided.
Art. 1a.
The Swedish Competition Authority may decide that a prohibition according to Chapter 2 Section 1 or 7 or in accordance with Article 101 or 102 in the TFEU have been infringed.
Art. 2.
If the Swedish Competition Authority, in a particular case, decides to not impose an order pursuant to Section 1, an undertaking affected by the infringement may bring an action about such an order. However, the right to litigate does not exist in cases where the Authority has applied Article 13 of Council Regulation (EC) No 1/2003.
Art. 3.
Where special cause exists, an order pursuant to section 1 may be imposed for the period until a final decision is taken in the matter. The court may only impose such order if legal proceedings have been initiated.
Commitments by undertakings
Art. 4.
If an issue has been raised as to whether an undertaking infringes any of the prohibitions in Chapter 2, Section 1 or 7 or in Article 101 or 102 in the TFEU, a commitment offered by the undertaking may give the Swedish Competition Authority reason to not intervene. The Authority´s decision to accept the commitment may pertain to a limited period of time. As long as the decision is valid, the Autorithy may not, in respect of matters covered by the commitment, issue any order pursuant to Sections 1 or 3 or a decision according to Section 1a.
The Swedish Competition Authority may retract its decision, according to the first paragraph, if:
- there has been a change in any of the circumstances which were material to the making of the decision,
- the concerned party has violated a part of the commitment provided in the decision, or
- the decision was founded on information submitted by the parties that were incomplete, incorrect or misleading.
Before the Swedish Competition Authority decides to accept a commitment in accordance with the first paragraph, the Authority shall give other concerned parties, that are affected by the commitment, an opportunity to submit comments.
Administrative fines
Art. 5.
The Swedish Competition Authority may decide that an undertaking shall pay a fine if the undertaking or someone acting on behalf of it has intentionally or negligently infringed:
- a prohibition in Chapter 2, Section 1 or 7, or Article 101 or 102 in the TFEU.
- an order, pursuant to Section 1, first paragraph or Section 3, or
- a decision to accept a commitment pursuant to Section 4, first paragraph.
The fine accrues to the state.
Before the Swedish Competition Authority decides to issue a fine, the undertaking in question shall be given the opportunity to comment on the Authority’s draft decision.
Art. 6.
The fine may not exceed ten per cent of the undertaking´s annual turnover in the preceding financial year.
If a decision to issue a fine under Section 5, first paragraph point 1, is directed towards an association of undertakings for an infringement relating to the activities of its members, the fine may not exceed ten per cent of the total turnover of all member undertakings in the preceding financial year that were active on the market affected by the infringement.
If the decision is directed at several companies, the fine shall be determined individually for each undertaking.
Art. 7.
A fine may not be imposed:
- in respect of commitments covered by an order pursuant to Section 1, 2 or 3, or a prohibition pursuant to Section 27 or 30 issued under penalty of a fine in accordance with the provisions of this Act, if the imposition of the penalty has been brought, or
- for measures which have been taken during the period when a decision on acceptance of the commitment pursuant to Section 4, first paragraph applies, if the measures are compatible with the decision.
Pursuant to first paragraph, point 2, a fine may be imposed, if the decision has been revoked pursuant to Section 4, second paragraph, subsection 3.
Art. 8.
The fine shall be determined in relation to the sanction value of the infringement.
When assessing the sanction value, the seriousness and the duration of the infringement shall be taken into consideration.
When determining the seriousness of the infringement the following shall be taken into consideration:
- the nature of the violation,
- the scope and significance of the market, and
- the infringement’s concrete or potential impact on competition in the market.
Art. 9.
When assessing the undertakings infringement, the following shall be considered as aggravating circumstances:
- whether an undertaking has persuaded another undertaking to join the infringement, or
- whether the undertaking has had a leading role in the infringement.
Art. 10.
When assessing the undertaking’s infringement, a mitigating circumstance to be taken into account is if the undertaking’s participation in the infringement has been limited.
Art. 11.
When determining the amount of the fine, besides the circumstances attributable to the infringement itself, the following shall be considered:
- if the undertaking previously has infringed the prohibitions in Chapter 2, Section 1 or 7, or Article 101 or 102 TFEU,
- if the undertaking has promptly terminated the infringement after being notified by the Swedish Competition Authority, or
- the undertaking´s financial situation.
When the amount of the fine is determined, the compensation paid in an amicable settlement shall be regarded as a mitigating circumstance.
Immunity and reduction of fine
Art. 12.
Immunity from fines may be granted to an undertaking that has infringed the prohibition in Chapter 2, Section 1 or in Article 101 TFEU, if that undertaking is the first to report the infringement to the Swedish Competition Authority and the undertaking, trough the report, provides the Authority with sufficient material to take action against the infringement.
When the Swedish Competition Authority already has sufficient material to take action against the infringement, immunity from fines may be granted to an undertaking that has infringed the mentioned prohibitions, if the undertaking is the first to submit such information that results in the establishment of the infringement having occurred.
Immunity from fine may not be granted to an undertaking that has compelled another undertaking to participate in the infringement. In cases referred to in the second paragraph immunity from fine may not be granted if:
- another undertaking has been given a respite period pursuant to Section 14 a, and the information required for immunity has been provided before the expiry of the respite period, or a decision pursuant to Section 15 has been notified
Art. 13.
The fine may be determined to a lower amount than what would be the case when applying Sections 8-11 for an undertaking which has infringed the prohibition in Chapter 2, Section 1 or Article 101 in the TFEU, if the undertaking provides the Swedish Competition Authority with such information that facilitates the investigation of the infringement to a significant extent.
When assessing the amount of the reduction, account must be taken of whether any other undertaking has already provided such information that has to a significant extent facilitated the investigation.
If an undertaking has provided such information which allows the imposition of a higher fine for the undertakings participated in the infringement, than what would have been possible without that information, the information shall be disregard when determining the fine for the undertaking that provided the information.
Art. 14.
In order to be granted immunity according to Section 12 or a reduction according to Section 13, the undertaking shall in addition to these provisions:
- provide the Swedish Competition Authority with all the information and evidence of the infringement in its possession or to which it has or gets access to,
- actively co-operate with the Swedish Competition Authority during the investigation of the infringement,
- not destroy evidence or in another way prevent the future or the present investigation of the infringement, and
- when the application has been made or the information has been provided, has ceased or, as soon as possible thereafter, cease its participation in the infringement.
Art. 14a.
The Swedish Competition Authority may give an undertaking a respite period to provide the information required for the granting of immunity from a fine pursuant to Section 12, first paragraph. If the undertaking provides the information before the expiry of the respite period, the information shall be deemed to have been provided when the notification was made.
Art. 15.
The Swedish Competition Authority shall, in a decision, determine whether there are conditions for immunity in accordance with Section 12, first paragraph, for the undertaking that reported the infringement and inform the undertaking of the decision. Such a decision is binding for the Authority in matters pursuant to Section 5.
Art. 15a.
The Government may, in accordance with chapter 8 Section 7 in the Instrument of Government, issue detailed regulations on:
- the procedure of a notification of immunity from fines pursuant to Section 12 or a matter of reduction of fines pursuant to Section 13,
- the requirements for co-operation shall apply in accordance with Section 14, subsection 2, and
- the information that an undertaking shall provide to obtain a respite in accordance with Section 14 a. Lag (2021: 81).
Art. 15b.
The provisions in Sections 12 to 15 do not apply to an association of undertakings.
Art. 16.
Repealed by law (2021:81)
Art. 17.
Repealed by law (2021:81)
Art. 18.
Repealed by law (2021:81)
Art. 19.
Repealed by law (2021:81)
Art. 20.
A fine may only be issued following a decision from the Swedish Competition Authority to that effect within five years from when the infringement ceased. If the undertaking concerned within this timeframe receives a decision regarding an investigation pursuant to Chapter 5, Section 3 or is given the opportunity to comment on the Authority’s draft decision, the period shall instead be counted from the date on which either occurred. In such cases, the Authority may impose a fine only if the Authority has notified its decision to the undertaking within ten years from when the infringement ceased.
Art. 20a.
The limitation periods in Section 20 are interrupted if a national competition authority in another member state within the European Union or the European Commission examine if the same agreement or procedure may infringe article 101 or 102 of the TFEU that the Swedish Competition Authority is investigating or may investigate.
A period as referred to in the first paragraph is interrupted when at least one undertaking is notified of the first formal investigative measure. The interruption applies to all undertakings that have participated in the infringement.
A new period shall run from the date on which there is a decision about the infringement or when the national competition authority or the European Commission has otherwise terminated its proceedings. However, the new time limit shall never extend beyond ten years from the cease of the infringement. Lag (2021: 81).
Provisional attachment
Art. 21.
In order to secure a demand for a fine, the Court may decide upon provisional attachment. In such cases, the provisions in Chapter 15 of the Swedish Code of Judicial Procedure on provisional attachment shall apply.
Payment of fines etc.
Art. 22.
A fine shall be paid to the Swedish Competition Authority within thirty days from the date a decision became final or within the longer period specified in the decision.
If the fine is not paid on time, the Swedish Competition Authority shall hand over the demand for recovery. Provisions on recovery are set out in the Act to Recover of Amounts owed to the State (1993:891). Execution may take place according the provisions of the Enforcement Code.
Art. 23.
A fine that has been imposed shall desist if the execution does not take place within five years since the decision became final.
Art. 23a.
An association of undertakings with no ability to pay an imposed fine within the period specified in Section 22, first paragraph, shall require the member undertakings of the association to contribute to the association’s payment of the fine, if the fine has been determined with regard to its members' turnovers in the market affected by the association's infringement.
Art. 23b.
If a fine, that has been imposed on an association of undertakings, has been determined with regard to the turnovers of the members of the association and the payment is not made within the time specified in § 22 first paragraph, the Swedish Competition Authority may decide that one or more of the member undertakings which at the time of the infringement were represented in the decision-making bodies of the association shall pay the remaining part of the fine.
If full payment is not made in accordance with the first paragraph, the Swedish Competition Authority may decide that one or more other member undertakings shall pay the remaining part of the fine.
The fine that an undertaking shall pay in accordance with the first or second paragraph may not exceed ten percent of the undertaking´s turnover during the financial year before the year in which the decision on fine was announced.
Art. 23c.
A fine according to Section 23 b may not be decided on for a member undertaking that can demonstrate that it did not implement the decision of the association that led to the infringement and before the Swedish Competition Authority initiated its investigation of the investigation by:
- being unaware of the decision, or
- actively distanced itself from the decision.
Art. 23d.
A fine in accordance with Section 23 b, shall be paid to the Swedish Competition Authority within thirty days of the decision becoming final or the longer period specified in the decision.
In matters of execution of a decision pursuant to Section 23 b, Section 22 second paragraph and Section 23 shall apply.
Trading prohibition
Art. 24.
The Trading Prohibitions Act (1986:436) contains provisions stating that a trading prohibition can be issued in relation to certain infringements of the prohibition in Chapter 2, Section 1 or in Article 101 TFEU.
Damages
Art. 25.
The Swedish Competition Damages Act contains provisions on damages for infringements of the prohibitions in Chapter 2, Sections 1 and 7, and Articles 101 and 102 of the TFEU.
Art. 26.
Repealed by law (2016:224).
Anti-competitive sales activities by public entities
Art. 27.
The state, a municipality or a region may be prohibited from applying a specific procedure in a sales activity covered by Chapter 1, Section 5, first paragraph, where it:
- distorts, by object or effect, the conditions for effective competition in the market, or
- impedes, by object or effect, the occurrence or the development of such competition.
An injunction may not be issued for procedures that can be justified by public interest considerations.
A municipality or a region may also be prohibited from conducting a specific sales activity in cases referred to in the first paragraph. However, such sales activity may not be prohibited if it is legally complaint.
An injunction shall enter into force immediately, unless decided otherwise.
Art. 28.
The provisions of Section 27 shall also be applicable to a practice or activities of another legal person if the state, a municipality or a region, directly or indirectly, has a dominant influence over the legal entity through ownership, financial participation, applicable rules or through any other manner. The provisions regarding the state, a municipality or a region shall then apply to the legal entity.
Art. 29.
An injunction pursuant to Section 27 may also include a practice or activity that essentially corresponds with the practice or the activity that is prohibited.
Art. 30.
Where special reasons exist, an interim injunction pursuant to Section 27 may be issued. Such an injunction may only be issued following commencement of legal proceedings.
Art. 31.
If the Court has dismissed an action for an injunction pursuant to Section 27, the matter may be subject to retrial if there has been a change in any of the circumstances which were material to the outcome of the case.
An injunction pursuant to Section 27 may be subject to re-examination, if there are particular reasons to reverse or mitigate the prohibition.
Art. 32.
The Swedish Competition Authority may bring an action for a prohibition pursuant to Section 27 or re-examination pursuant to Section 31, second paragraph. An action for re-examination of an issued injunction may also be brought by the entity subject to the injunction.
If the Swedish Competition Authority in a particular case decides not to bring an action pursuant to Section 27, an action may be brought by an undertaking affected by the conduct or activity.
Chapter 4 - Control of concentrations between undertakings
Prohibition against concentrations between undertakings etc.
Art. 1.
A concentration between undertakings which is adjudicated pursuant to this Act shall be prohibited if the concentration between the undertakings is intended to significantly impede the occurrence or the development of effective competition within the whole or a substantial part of the country. During the examination of whether the concentration between undertakings shall be prohibited, account shall be taken, in particular, to whether it creates or strengthens a dominant position.
A prohibition may only be issued if no significant national security or maintenance interest are disregarded.
To the extent that the creation of a joint venture which constitutes a concentration between undertakings in accordance with Chapter 1, Section 9 second paragraph, has the purpose or effect of co-ordinating the competitive behavior of the undertakings which remain independent in the examination of a prohibition against the concentration, the co-ordination shall be assessed based on Chapter 2, Sections 1 and 2.
Art. 2.
If it is sufficient to eliminate the adverse effects of a concentration between undertakings, a party to a concentration, instead of being subject to a prohibition pursuant to Section 1, may instead be ordered:
- to divest an undertaking or a part of an undertaking, or
- to take some other measure having the effect of promoting competition.
An order under the first paragraph may not be more extensive than what is necessary to eliminate the harmful effects on the restriction on competition.
Art. 3.
A prohibition of a concentration between undertakings means that a legal act which forms part of the concentration or which has the purpose of implementing the concentration is invalid. This does not apply to such legal acts that consist of acquisitions performed on a regulated market as referred to in Chapter 1, Section 4 b of the Securities Market Act (SFS 2007:528), a corresponding market outside the European Economic Area or an MTF platform pursuant to Chapter 1, Section 4 b of the Securities Market Act or through bidding at an executive action. In such cases, the acquirer shall instead be obliged to divest the assets acquired.
Art. 4.
When a question of a prohibition pursuant to Section 1 or an obligation pursuant to Section 2 has arisen, a commitment from a party in the concentration may entail that the Swedish Competition Authority does not to take any action against the concentration.
Art. 5.
A decision by the Swedish Competition Authority to not take any actions with regard to a concentration, shall also cover restrictions directly related and necessary to the implementation of the concentration that has been notified.
Notification of a concentration
Art. 6.
A concentration shall be notified to the Swedish Competition Authority if
- the combined aggregate turnover in Sweden of all the undertakings involved in the preceding financial year exceeds SEK 1 billion, and
- at least two of the undertakings concerned had a turnover in Sweden the preceding financial year exceeding SEK 200 million for each of the undertakings.
Art. 7.
If the turnover requirement according to Section 6, subsection 1 is fulfilled, but the turnover does not exceed the threshold in Section 6, subsection 2,
- the Swedish Competition Authority may require a party to a concentration between undertakings to notify the concentration, where particular grounds exist therefore, or
- a party or other participant in a concentration between undertakings may voluntarily notify the concentration between undertakings.
Art. 8.
If a concentration between undertakings consists of several transactions between the same persons or undertakings, whereby parts of one or more undertakings are acquired, for the purpose of calculating the turnover, the transactions which have taken place within a period of two years shall be treated as only one concentration between undertakings.
Art. 9.
Where a duty to notify a concentration between undertakings pursuant to Section 6 exist, the concentration shall be notified by the party or parties acquiring control over an undertaking or a part thereof. If the concentration entails that two or more undertakings merged, the notification shall be made by these undertakings.
Art. 10.
A notification of a concentration between undertakings may be notified as soon as a party or any other participant can demonstrate that they intend to implement a concentration between undertakings.
A notification of a concentration between undertakings shall be made before the implementation of the concentration.
Special investigations of concentrations between undertakings
Art. 11.
The Swedish Competition Authority shall, within 25 working days, from the receipt of a complete notification of a concentration between undertakings, issue a decision to either undertake a special investigation of the concentration or take no further action.
If the Authority, within the period in the first paragraph, has received a commitment from a party to the concentration between undertakings for the purpose of having the Authority to take no further actions, the period will be extended to 35 working days.
Art. 12.
Before the period pursuant to Section 11 has expired, a party or other participant in a concentration between undertakings may not take any measurers to implement the concentration. This prohibition does not apply if the Swedish Competition Authority has decided, before the period has expired, to not take any measures against the concentration.
If particular grounds exist, the Swedish Competition Authority may decide on an exemption from the prohibition pursuant to the first paragraph.
If it is necessary to ensure the compliance with the prohibition in the first paragraph, the Swedish Competition Authority may issue a prohibition or an order for the parties or other participants in a concentration.
Decisions on measures against concentrations between undertakings
Art. 13.
If the Swedish Competition Authority has decided to conduct a in-depth investigation, the Authority shall within three months of the decision being announced decide on a prohibition pursuant to Section 1, an order pursuant to Section 2 or a decision to not take further action regarding the concentration.
A prohibition pursuant to Section 1 or an order pursuant to Section 2 may not be imposed more than two years after the concentration arose.
A prohibition pursuant to Section 1 or an order pursuant to Section 2 is effective immediately, unless otherwise decided.
Art. 13a.
Until the expiry of the period stated in Section 13, first paragraph, a party and other participant in a concentration between undertakings may not take any measures to implement the concentration. This prohibition does not apply if the Swedish Competition Authority issues a decision before the end of the period pursuant to Section 13, first paragraph.
If particular grounds exist, the Swedish Competition Authority may decide on exceptions to the prohibition in the first paragraph.
If it is necessary to ensure compliance of the prohibition in the first paragraph, the Swedish Competition Authority may issue a prohibition or obligation on the parties or other participants in the concentration between undertakings.
Art. 14.
The Swedish Competition Authority may extend the period in Section 13, first paragraph, by not more than one month at a time, if the parties in the concentration give their consent. In such cases where another participant has notified the concentration pursuant to Section 7 subsection 2, the consent of such party is also required. If the concentration has taken place in the manner provided in Section 3 second sentence, the consent of the acquiring party is sufficient.
If there are exceptional reasons, the period may be extended without such consent as stated in the first paragraph.
Art. 15.
If the Swedish Competition Authority’s decision on a prohibition pursuant to Section 1 or on an order pursuant to Section 2 is appealed, the Patent and Market Court shall decide the matter within six months from the date of the receipt of the appeal.
The period stated in the first paragraph may be extended by the court under the same conditions as provided in Section 14.
Art. 16.
If the decision of the Patent and Market Court is appealed, the Patent and Market Court of Appeal shall decide on the matter within three months from the date of expiry of the period for appeal.
The period stated in the first paragraph may be extended by the court under the same conditions as provided in Section 14.
Art. 16a.
New designation, Section 17, by SFS 2017:986.
Temporary tolling of deadlines
Art. 17.
The Swedish Competition Authority may temporarily toll the running of a deadline pursuant to Section 11 or Section 13, first paragraph, if a party to a concentration has failed to comply with an order pursuant to Chapter 5, Section 1, first paragraph, subsection 1. The period resumes on the first working day after the order has been complied with.
Upon request of a party to the concentration, the Swedish Competition Authority may temporarily toll the running of the deadline stated in Section 11 for as many business days as the Authority decides.
The Swedish Competition Authority’s decision pursuant to the first paragraph may be examined in court in connection with the examination of an appealed decision on a prohibition pursuant to Section 1 or obligation pursuant to Section 2.
Art. 18.
Repealed by SFS 2017:986.
Legal force and re-examination
Art. 19.
If a decision to not take action regarding a concentration between undertakings has been based on incorrect information submitted by a party or other participant in the concentration, the Swedish Competition Authority may decide to conduct an in-depth investigation.
Art. 20.
If, following an appeal, the court has reversed a prohibition decision pursuant to Section 1 or an order pursuant to Section 2, the matter may be examined again if a party or other participant in the concentration has submitted incorrect information regarding facts that are material for the court’s decision.
The Swedish Competition Authority may apply to the Patent and Market Court for retrial of the decision. The application must be submitted within one year from the final judgment of the case.
Art. 21.
If a prohibition decision pursuant to Section 1 or an order pursuant to Section 2 is no longer necessary or appropriate, the decision may be re-examined by the Swedish Competition Authority on its own initiative or after a request from a party affected by the decision.
Chapter 5 - Investigation of competition matters
Investigations initiated by the Swedish Competition Authority
Art. 1.
Where it is necessary for the performance of its duties under this Act, the Swedish Competition Authority may order:
- an undertaking or another party to provide information, documents or other materials,
- a person who is likely to be in a position to provide relevant information to appear at a questioning at a time and place decided by the Authority, or
- a municipality or region which conducts activities of a financial or commercial nature to report the costs of and revenues associated with the activities.
An order pursuant to first paragraph shall apply immediately unless otherwise decided.
Art. 2.
In conjunction with an interrogation in accordance with Section 1, first paragraph, subsection 2, statements made by the party being interrogated shall be recorded. The statement shall be read aloud, or the interrogated party shall otherwise be given the opportunity to review the record.
The record and the examination must be done before the questioning is concluded or, where the questioning is particularly extensive or covers complicated material circumstances, as soon as possible thereafter.
The quested party shall be asked whether he or she has any objection regarding the content of the record. An objection that does not result in any amendment being made shall be noted. The record may not be changed after the examination.
Art. 3.
Upon an application by the Swedish Competition Authority, the Patent and Market Court may decide that the Authority may conduct an investigation at an undertaking for the purpose of investigating whether it has infringed the prohibitions in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU, if:
- there is reason to believe that an infringement has been committed,
- the undertaking does not comply with an order pursuant to Section 1, first paragraph, subsection 1, or there is a risk of evidence being withheld or destroyed with, and
- the importance of the measure taken is sufficient to outweigh the interference or other inconvenience which the measure entail for the party subject to the measure.
A decision pursuant to the first paragraph may also refer to an investigation that concerns a violation of:
- an order according to chapter 3, Section 1 or 3,
- a decision to accept a commitment in accordance with Chapter 3, Section 4, or
- Section 21 first paragraph, subsection 1-5.
Art. 4.
A decision pursuant to Section 3 may also regard a legal entity or another undertaking than the investigated undertaking, if:
- the conditions in Section 3, first paragraph, subsections 1-3 are satisfied, and
- there are specific reasons to assume that the undertaking referred to in the application is in possession of evidence.
Art. 5.
A decision pursuant to Section 3 may also regard private homes and other premises used by the board and employees of the undertaking, which is subject to investigation, if:
- the conditions in Section 3, paragraph 1, subsection 1 - 3 are satisfied,
- there are specific reasons to assume that the party referred to in the application is in possession of evidence.
Art. 6.
During the Swedish Competition Authority´s investigation, the Authority shall be entitled to:
- gain access to premises, land, means of transportation and other spaces,
- gain access to all information available to the person at whom the investigation is conducted, regardless of the form in which it is available,
- examine the books and other business records,
- take copies of, or extracts from, the books and business records,
- seal business premises, accounting or business documents for as long as and to the extent necessary to carry out the investigation, and
- ask for oral explanations directly at the premises.
Art. 6a.
The Swedish Competition Authority is entitled to bring documents to the Authority´s premises or other designated premises for further review, to carry out the measures in Section 6, subsection 3 and 4.
When the Authority brings document, also binders, folders or similar storage materials may be included.
If possible, a copy of the document that are brought to the Authority´s premises, should be left behind.
Art. 6b.
When the Swedish Competition Authority takes measures in accordance with Section 6, subsection 3 and 4, in the Authority's premises or in any other premises, the investigated entity or person has the right to follow the measures taken by the Authority.
Art. 6c.
The Swedish Competition Authority shall return documents and other materials that have been taken care of in accordance with Section 6 a as soon as they are no longer needed.
If the concerned undertaking has been declared bankrupt, the Swedish Competition Authority shall:
- submit the documents and other matters to the official receiver, and
- inform the undertaking concerned that the documents have been handed over.
The Swedish Competition Authority shall, at the request of the undertaking concerned examine whether a document or any other item taken into consideration is to be returned.
Art. 7.
A decision to investigate may be issued without the party referred to in the application being given the opportunity to comment if it can be feared that the investigation would otherwise lose significance.
A decision pursuant to the first paragraph shall only be communicated to the Swedish Competition Authority. When an investigation is initiated, the Authority shall provide a copy of the decision to the party subject to the investigation.
Art. 8.
A decision regarding an investigation shall specify:
- the subject matter and purpose of the investigation,
- the date on which the investigation is to begin, and
- the Swedish Competition Authority’s powers pursuant to Section 6 and 6a first and second paragraphs.
A decision pursuant to the first paragraph if immediately effective, unless the court decides otherwise.
Art. 9.
The party on whose premises the inspection is to be carried out shall have the right to summon a legal representative.
The Swedish Competition Authority may not initiate the investigation until the arrival of such representative. However, this shall not apply if:
- the investigation is thereby unduly delayed, or
- the decision to investigate has been taken pursuant to Section 7, first paragraph.
Art. 10.
The Swedish Competition Authority may request assistance from the Swedish Enforcement Agency to carry out the measures referred to in Section 6, subsection 1 to 5, or Section 6a first and second paragraphs.
In relation to judicial assistance, the provisions in the Swedish Enforcement Code regarding the execution of duties not pertaining to payment obligations, eviction or removal shall apply. However, the Swedish Enforcement Agency shall not inform the party at which the inspection is to be performed prior to the conduct of such investigation.
Art. 11.
Measures pursuant to Section 1 or 6, first paragraph, may not pertain to a written document:
- which content can be assumed to be such as to preclude a member of the Swedish Bar Association or any of his or her associates being heard as a witness in relation thereto, and
- which is in the possession of a member of the Swedish Bar Association or their associate or a party entitled to confidentiality.
If the Swedish Competition Authority believes that a certain document should be included in an investigation and the party to which the measure pertains claims that the document is protected in accordance with the first paragraph, the document shall immediately be sealed and sent without delay to the Patent and Market Court by the Swedish Competition Authority.
The Court shall without delay determine whether the document shall be included in the Authority´s investigation.
Art. 12.
Repealed by SFS (2021:81)
Art. 13.
Undertakings that are obligated to submit information or subject to an investigation under this Act shall not be unduly burdened or forced to admit an infringement of a prohibition in Chapter 2 Section 1 or 7 or in Article 101 or 102 of the TFEU.
Investigation upon request of the EU Commission or an authority in another Member State
Investigation upon request of the EU Commission or an authority in another Member State
Art. 14.
The provisions in Section 1 and Sections 11 to 13 regarding obtaining information shall also apply when the Swedish Competition Authority takes action following a request from a competition authority in another Member State of the European Union.
Art. 14a.
The Swedish Competition Authority may send such a document as specified in Chapter 2 Section 10 of the Competition Damages Act (2016: 964) to another competition authority within the European Union or to the European Commission only if Article 12 of Council Regulation (EC) No 1/2003 is applicable and only if the undertaking that has submitted the document agrees to it
Art. 15.
The provisions in Sections 3 to 13 regarding investigations also apply to measures taken by the Swedish Competition Authority following a request from a competition authority in another Member State of the European Union.
Art. 15a.
A competition authority in another Member State of the European Union which has made such a request as referred to in Article 22 of Council Regulation (EC) No 1/2003 has the right to attend and actively assist the Swedish Competition Authority during a questioning pursuant to Section 1, first paragraph, subsection 2 or an investigation pursuant to Section 6 is carried out.
Art. 16.
The provisions in Section 6 and Sections 9 to 13 shall also apply when the Swedish Competition Authority, upon request from the European Commission, conducts an investigation as referred to in Article 22(2) in the Council Regulation (EC) No 1/2003. However, the provision of Section 9, second paragraph, first sentence, does not apply if it may be feared that the relevance of the investigation would lose significance, if it was not commenced immediately.
The first paragraph also applies when the Swedish Competition Authority, at the request from the Commission, conducts an investigation pursuant to Article 12(1) of the Council Regulation (EC) No 139/2004.
Art. 17.
When the European Commission has decided un an investigation pursuant to Article 20(4) of the Council Regulation (EC) No 1/2003 or pursuant to Article 13(4) of the Council Regulation (EC) No 139/2004, the Swedish Enforcement Authority, following an application from the Swedish Competition Authority decide to provide judicial assistance in order to enable execution of the investigation.
Section 10, second paragraph, is applicable if judicial assistance is used.
Art. 18.
Questions regarding prior authorisation pursuant to Article 21(3 )in the Council Regulation (EC) No 1/2003 shall be adjudicated by the Patent and Market Court upon application from the Swedish Competition Authority.
If a decision on prior authorisation is issued pursuant to the first paragraph, the provisions regarding judicial assistance in section 17 shall apply.
Legal assistance to an authority in another state
Art. 19.
The Swedish Competition Authority may issue an order pursuant to Section 1, if it is requested by an authority in a state with which Sweden has entered into an agreement regarding of legal assistance in competition matters. If such an order is issued, the provisions in Sections 11 to 13 shall apply.
Art. 20.
Following a request from an authority in a state with which Sweden has entered into an agreement on the provision of legal assistance in competition matters, the Patent and Market Court may, upon application by the Swedish Competition Authority, decide that the Swedish Competition Authority may conduct an investigation at an undertaking or other party in order to assist the other state in its investigation of whether an infringement of that state´s competition rules has occurred, if:
- the provisions in Section 5, subsections 1-3, are fulfilled, and
- the practice which is being investigated is of such a nature that under the application of this Act or the competition rules of the European Union, the practice would have constituted an infringement of Chapter 2, Section 1 or 7 or Article 101 or Article 102 in the TFEU, if any of these regulatory frameworks had been applied to the practice.
In cases pursuant to first paragraph, the provisions in Sections 6-13 shall apply.
Fine for disrupting the investigation
Art. 21.
The Swedish Competition Authority may decide that an undertaking shall pay a specific fine, if the undertaking or someone acting on behalf of the undertaking intentionally or negligently, during the Swedish Competition Authority’s investigation of whether an undertaking has infringed any of the prohibitions in Chapter 2 Sections 1 or 7 or Article 101 or 102 of the TFEU,:
- has provided incorrect, incomplete or misleading information in response to an order pursuant to Section 1, first paragraph, sunsection 1, or has not provided requested information, documents or other within a specified deadline,
- has not ensured that a representative has appeared for such an interrogation as is referred to in Section 1, first paragraph 2,
- has prevented the Swedish Competition Authority from implementing any of the measures specified in Section 6, subsections 1-5,
- has broken such a seal referred to in Section 6, paragraph 5, or
- has provided an incorrect, incomplete or misleading answer to a request for a declaration referred to in Section 6, subsection 6 or has not provided any declaration.
The fine accrues to the state.
Before the Swedish Competition Authority decides on an administrative fine, the undertaking concerned must be given an opportunity to comment on the Authority's draft decision.
Art. 22.
The fine may not be imposed for a measure that is covered by a decision that has been combined with a fine in accordance with this Act if an action for the imposition of a fine has been brought.
Art. 23.
When determining the amount of the fine, the seriousness and duration of the infringement shall be taken into considerations.
The fine may not exceed one percent of the undertaking's turnover in the previous financial year.
Art. 24.
In the matters of fines, the following provisions shall apply:
- limitation periods in Chapter 3, Sections 20 and 20 a,
- provisional attachment in Chapter 3, Section 21, and
- payment of fines in Chapter 3 Sections 22 and 23.
What is said there about fines, shall then apply.
Chapter 6 - conditional fines
Imposition of conditional fines
Art. 1
The following decisions may be couples with a conditional fine:
- an order pursuant to Chapter 3, Sections 1, 2 or 3,
- a prohibition pursuant to Chapter 3, Section 27 or 30,
- a prohibition pursuant to Chapter 4, Section 1,
- an order pursuant to Chapter 4, Section 2 or 3
- a prohibition or an order pursuant to Chapter 4, Section 12, third paragraph, or Section 13 a, third paragraph, and
- an order pursuant to Chapter 5, Section 1.
A decision authorizing an investigation pursuant to Chapter 5, Sections 3 or 20 may be coupled with a conditional fine. The Swedish Competition Authority may couple a decision of fulfillment of obligations pursuant to Chapter 4, Sections 6 or 7, subsection 1, with a conditional fine.
The Swedish Competition Authority may couple a decision to accept a commitment pursuant to Chapter 3, Section 4, first paragraph or pursuant to Chapter 4, Section 4 with a conditional fine. Such a decision shall enter into force immediately, unless otherwise decided.
Art. 1a.
The following decision are coupled with a conditional fine, whereby it shall be determined at an amount that is proportionate to the undertaking's average daily turnover in the previous financial year, calculated from the date specified in the decision:
- an order pursuant to Chapter 3, Sections 1, 2 or 3,
- a decision pursuant to Chapter 3, Section 4, first paragraph,
- an order pursuant to Chapter 5, Section 1, first paragraph, subsection 1 or 2 when investigating whether the company has infringed any of the prohibitions in Chapter 2 Section 1 or 7 or Article 101 or 102 of the TFEU, or
- a decision pursuant to Chapter 5, Section 3.
Imposition of conditional fines
Art. 2.
An action to impose a conditional fine pursuant to the provisions of this Act is brought by the Swedish Competition Authority. In the case of a conditional fine being issued based on an action brought by an undertaking, an action to impose the conditional fine may also be brought by that undertaking.
Chapter 7 - Appeals
Art. 1.
A decision from the Swedish Competition Authority in the following matters may be appealed to the Patent and Market Court:
- measures pursuant to Chapter 2, Section 3, second paragraph,
- orders imposed by the Authority pursuant to Chapter 3, Section 1, first paragraph, or Section 3,
- decisions pursuant to Chapter 3, Section 1a, Section 4, second paragraph, subsection 5 or Section 23b,
- prohibitions pursuant to Chapter 4, Section 1,
- orders pursuant to Chapter 4, Section 2,
- prohibitions or orders pursuant to Chapter 4, Section 12, third paragraph, or Section 13 a, third paragraph,
- decisions pursuant to Chapter 4, Section 14 or 21,
- orders pursuant to Chapter 5, Section 1,
- decisions pursuant to Chapter 5, Section 21, and
- revocation of exemptions pursuant to Article 29(2) of the Council Regulation (EC) No 1/2003.
Other decisions from the Swedish Competition Authority pursuant to this Act may not be appealed.
Art. 2.
A decision by the Patent and Market Court pursuant to Chapter 3 Section 30 may be appealed separately.
Chapter 8 - Court procedures
Competent court
Art. 1.
The Patent and Market Court shall be the competent court in cases regarding:
- orders pursuant to Chapter 3, Section 2,
- sequestration pursuant to Chapter 3, Section 21,
- prohibitions pursuant to Chapter 3, Sections 27 and 31, and Section 32, second paragraph, and
- imposition of conditional fines pursuant to Chapter 6, Section 2.
Applicable regulations
Art. 2.
The provisions in the Swedish Code of Judicial Procedure regarding disputes where settlement of the matter is impermissible shall apply in cases pursuant to Chapter 3, Sections 2, 21, 27 and 31, and Section 32, second paragraph.
The provisions in the Court Matters Act (1996:242) shall apply in matters initiated through an application to the Patent and Market Court.
Art. 3.
Repealed by SFS (2021:81)
Prohibition of relying on certain documentary evidence
Art. 4.
A party who in a proceeding before a national competition authority within the European Union has been given access to such a declaration within the framework of a leniency program or settlement submission specified in Chapter 1, Section 2, subsection 10 and 12 of the Competition Damages Act (2016: 964) may not invoke the document as evidence in court in a case or matter under this Act.
The first paragraph shall not apply if the case or matter concerns the review of a decision by which an infringement of Chapter 2, Section 1 or 7, or Article 101 or 102 in TFEU and invoking to the document is necessary for the party to be able to exercise its right of defense.
Art. 5.
A party to a proceeding before a national Competition Authority within the European Union may not, in a case or matter under this Act, invoke such evidence in court in which the party has been informed of during the proceedings and which is of the following kind:
- documents produced by others specifically for the proceedings before the competition authority,
- documents which the competition authority has produced and submitted to the parties during the proceedings, or
- settlement submissions that have been withdrawn.
The first paragraph shall not apply after the competition authority has, by adopting a decision or in any other way, terminated its proceedings.
Art. 6.
Repealed by SFS 2016:224.
Art. 7.
Repealed by SFS 2016:224.
Art. 8.
Repealed by SFS 2016:224
Art. 9.
Repealed by SFS 2016:224
Art. 10.
Repealed by SFS 2016:224
Art. 11.
Repealed by SFS 2016:224
The Swedish Competition Authority as a party
Art. 12.
In proceedings governed by this Act, the provision of the Code of Judicial Procedure relation to prosecutors is applicable, with respect to orders regarding parties and the non-appearance of a party, to the Swedish Competition Authority.
Statement by non-parties
Art. 13.
A statement, which has been submitted by the European Commission or the Swedish Competition Authority, upon the application Article 15 of the Council Regulation (EC) No 1/2003, may be taken into considerations by the Court without the plea of a party. The parties shall be provided the opportunity to comment on the statement.
Hearing at the Court
Art. 14.
Chapter 36, Section 16, second paragraph of the Code of Judicial Procedure applies in conjunction with judicial interrogation of a party or other person regarding what he or she has stated at the Swedish Competition Authority upon a questioning in accordance with Chapter 5, Section 1.
Litigation costs
Art. 15.
In cases and matters pursuant to this Act, Chapter 31 of the Swedish Code of Judicial Procedure regarding litigation costs are applicable, unless otherwise is provided in this act.
Chapter 18 of the Swedish Code of Judicial Procedure is applicable to cases as referred to in Chapter 3, Section 2 and Section 32, second paragraph. If particular grounds exist, the court may in such cases decide that each party shall be liable for its own litigation costs.
Art. 16.
Repealed by SFS 2021:81
Art. 17.
Repealed by SFS 2017:986.
Art. 18.
Where an action for damages has been jointly processed with a case for imposition of a fine, the party who brought the action for damages is only liable for the specific costs that such a party has caused. The party seeking imposition of a fine is not liable for such costs.