Swedish Competition Act

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 products.

This Act shall not apply to agreements between employers and employees relating to wages and other conditions of employment.

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 Treaty and the Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings contain provisions that are relevant to the implementation of this Act.

The Government shall issue regulation on which courts and other authorities shall be competition authorities in accordance with the Council Regulation (EC) No 1/2003, if this is not stipulated in this Act.

For the purposes of this Act, an undertaking shall be defined as a natural or legal person engaged in activities of an economic or commercial nature. To the extent that such activities involve the exercise of public authority, they shall not fall within the scope of this definition.

The term undertaking shall also include associations of undertakings, unless otherwise stated in this Act. (SFS 2021:81).

The provisions of the Act relating to agreements shall also apply to

1. decisions by an association of undertakings, and
2. concerted practices of undertakings.

In this Act, a primary agricultural association is defined as an economic association whose members are individual farmers or other undertakings engaged in agriculture, horticulture or forestry. If associations of such undertakings are members of the association, the latter is, however, only regarded as a primary agricultural association providing that such associations only contain local associations of undertakings operating activities of the kind specified.

The Swedish Act (2000:1025) on the meaning of the terms agricultural, horticultural and forestry produce as used in the Swedish Competition Act (2008:579) contains special provisions on what is meant by such produce under this Act.

For the purposes of this Act, a taxi undertaking is an undertaking providing or carrying out taxi services or comparable transport services.

A central booking service refers to a joint or independent function which receives orders and distributes transport assignments between taxi undertakings. The function can also perform related activities.

According to this Act, a concentration shall be deemed to arise if there is a change to the control of an undertaking on a lasting basis as a consequence of:

1. the merger of two or more previously independent undertakings , or
2. the acquisition, either by one or more persons, already controlling at least one undertaking, or by one or more undertakings, whether by purchase of securities or assets, by contract or by any other means, of direct or indirect control of the whole or parts of one or more other undertakings.

The creation of a joint venture, which on a lasting basis fulfils all the functions of an autonomous economic entity, constitutes a concentration within the meaning of the first paragraph, point 2.

The Act contains provisions concerning

• prohibited restrictions of competition (Chapter 2),
• measures against restrictions of competition (Chapter 3),
• concentrations (Chapter 4),
• investigation of competition cases (Chapter 5),
• conditional fines (Chapter 6),
• appeals (Chapter 7), and
• court proceedings (Chapter 8).

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 stated in this Act.

This shall apply, in particular, to agreements which

1. directly or indirectly fix purchase or selling prices or any other trading conditions;
2. limit or control production, markets, technical development, or investment;
3. share markets or sources of supply,
4. apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, or
5. 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.

The prohibition in Section 1 does not apply to agreements which

1. contribute to improving the production or distribution or to promoting technical or economic progress;
2. allow consumers a fair share of the resulting benefit,
3. only impose on the undertakings concerned restrictions which are indispensable to the attainment of the objective referred to in point 1, and
4. do not afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

Exemptions from the prohibition in Section 1 shall apply to categories of agreements (block exemptions) laid down in

1. Act (2008:580) concerning block exemption for anti-competitive agreements on certain cooperation concerning taxi services,
2. Act (2008:581) concerning block exemption for vertical anti-competitive agreements,
3. Act (2008:582) concerning block exemption for anti-competitive specialization agreements,
4. Act (2008:583) concerning block exemption for anti-competitive agreements concerning research and development,
5. Act (2008:584) concerning block exemption for vertical anti-competitive agreements in the motor vehicle sector, and
6. Act (2008:586) concerning block exemption for anti-competitive technology transfer agreements.

If, in accordance with any of the laws listed in the first paragraph, an individual agreement is exempted from the prohibition in Section 1 but has effects which are incompatible with Section 2, the Swedish Competition Authority may decide that the agreement shall not be covered by the block exemption. (SFS 2017:986).

The prohibition in Section 1 does not apply to those agreements within a primary agricultural association or its subsidiaries that concern cooperation between the members of the association on

1. the production, collection, processing, sale or related activities such as the use of jointly owned facilities, storing, preparation, distribution or marketing of agricultural, horticultural or forestry produce, or
2. the purchase of goods or services for the activities referred to in point 1.

The first paragraph does not, however, apply to agreements which have as their object or effect

1. the prevention or impairment of free movement of a member on the market
   a) with respect to choosing a buyer or a supplier,
   b) with respect to the possibility of leaving the association, or
   c) in other respects of equivalent importance, or
2. that selling prices are directly or indirectly fixed for goods when the sale takes place directly between the member and a third party.

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

1. concerns joint transport activities through cooperation in a central booking service or in other ways for the purpose of achieving efficiency gains or other economic benefits,
2. is needed to satisfy the public interest in having access to taxi services, and
3. covers a maximum of 40 taxi vehicles.

The exemption pursuant to the first paragraph does not apply

1. to the extent that the cooperation concerns practices or conditions which involve or cover
   a) the setting of joint prices,
   b) the division of markets,
   c) a period of notice for participating taxi undertakings which exceeds six months from the date when notice is given, or in the case of an economic association, a condition that notice may not be given until at the earliest after six months, or a longer period from the date of entry, or
   d) a prohibition against participating taxi undertakings to compete with the joint transport activity after the expiry of the agreement, and
2. to the extent that it is evident that the purpose of the joint transport activity or the interest in access to taxi services in accordance with the first paragraph, points 1 and 2 can be satisfied without the cooperation covering such practices or conditions as set out in point 1.

Any agreements or provisions included in agreements that are prohibited pursuant to Section 1 shall be void.

Any abuse by one or more undertakings of a dominant position on the market shall be 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 prejudice of consumers,
3. applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, or
4. making 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.

The Swedish Competition Authority may oblige an undertaking to terminate an infringement of any of the prohibitions laid down in Chapter 2, Section 1 or 7 or Article 101 or 102 of the Treaty on the Functioning of the European Union, TFEU.

An obligation pursuant to the first paragraph may encompass behavioural or structural remedies that are necessary to bring the infringement to an end. When choosing between remedies that are equally effective, the remedy that is least burdensome for the undertaking shall be chosen.

An obligation pursuant to the first paragraph shall take effect immediately, unless otherwise decided. (SFS 2021:81).

The Swedish Competition Authority may decide that a prohibition laid down in Chapter 2, Section 1 or 7 or Article 101 or 102 of the TFEU has been infringed. (SFS 2021:81).

If the Swedish Competition Authority decides in a particular case not to impose an obligation pursuant to Section 1, an undertaking affected by the infringement may bring an action about such an obligation before a court. However, such a right to litigate does not exist in cases where the Authority has applied Article 13 of Council Regulation (EC) No 1/2003. (SFS 2016:224).

If particular grounds exist, an obligation pursuant to Section 1 may be imposed for the period until a final decision is taken on the matter. The court may only impose such an obligation following the commencement of legal proceedings. (SFS 2016:224).

If the question has been raised as to whether an undertaking infringes any of the prohibitions laid down in Chapter 2, Section 1 or 7 or in Article 101 or 102 of the TFEU, a commitment offered by the undertaking may result in a decision by the Swedish Competition Authority stating that there are no longer grounds for action. The Authority’s decision to accept the commitment may be adopted for a specified period. As long as the decision applies, the Authority shall not, to the extent covered by the commitment, issue an obligation pursuant to Section 1 or 3 or a decision pursuant to Section 1 a.

The Swedish Competition Authority may revoke its decision under the first paragraph where

1. there has been a material change in any of the facts on which the decision was based,
2. the parties commit a breach of any commitment specified in the decision, or
3. the decision was based on incomplete, incorrect or misleading information provided by the parties.

Before the Swedish Competition Authority decides to accept a commitment pursuant to the first paragraph, the Authority shall give others affected by the commitment an opportunity to give input thereon. (SFS 2021:81).

The Swedish Competition Authority may decide that an undertaking shall pay a particular fine (an administrative fine), if the undertaking or a person acting on its behalf has intentionally or negligently infringed

1. a prohibition laid down in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU,
2. a decision to impose an obligation pursuant to Section 1, first paragraph, or Section 3, or
3. a decision to accept a commitment pursuant to Section 4, first paragraph.

The fine shall go to the State.

Before the Swedish Competition Authority decides to impose an administrative fine on an undertaking, the undertaking shall be given the opportunity to express its views on the Authority’s draft decision. (SFS 2021:81).

The administrative fine shall not exceed ten per cent of the annual turnover of the undertaking in the preceding financial year.

If a decision on an administrative fine pursuant to Section 5, first paragraph, point 1, is imposed on an association of undertakings for an infringement related to the activities of its members, the fine shall not exceed ten per cent of the sum of the total turnover in the preceding business year of each member active on the market affected by the infringement.

If the decision is imposed on several undertakings, the fine shall be determined individually for each undertaking. (SFS 2021:81).

An administrative fine shall not be imposed

1. in respect of measures covered by an obligation pursuant to Section 1, 2 or 3 or a prohibition pursuant to Section 27 or 30 that has been issued subject to a conditional fine in accordance with the provisions of this Act on the imposition of the conditional fine has been brought before a court, or
2. in respect of measures which have been taken during the period when a decision on acceptance of a commitment pursuant to Section 4, first paragraph applies, if the measures are compatible with the decision.

In cases referred to in the first paragraph, point 2, an administrative fine may be imposed, if the decision has been revoked pursuant to Section 4, second paragraph, point 3. (SFS 2021:81).

The administrative fine shall be determined according to the sanction value of the infringement.

When assessing the sanction value, account must be taken of the gravity of the infringement and its duration.

When assessing the gravity of the infringement, particular account must be taken of the following:

1. the nature of the infringement,
2. the size and significance of the market, and
3. the infringement’s actual or potential impact on competition in the market.

As aggravating circumstances when assessing the infringement of the undertaking, particular account shall be taken of:

1. whether the undertaking has coerced another undertaking to participate in the infringement, or
2. whether the undertaking has had a leading role in the infringement.

As mitigating circumstances when assessing the infringement of the undertaking, particular account shall be taken of whether the undertaking has participated in the infringement to a limited extent.

When determining the amount of the administrative fine, particular account shall be taken of the following, in addition to circumstances attributable to the infringement itself:

1. if the undertaking has formerly infringed the prohibitions in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU,
2. if the undertaking has quickly terminated the infringement upon it being pointed outby the Swedish Competition Authority, or
3. the financial situation of the undertaking.

When determining the amount of the administrative fine, the compensation paid by the undertaking in a consensual settlement may be considered as a mitigating circumstance. (SFS 2016:966).

Immunity from an administrative fine may be granted to an undertaking that has infringed a prohibition laid down in Chapter 2, Section 1 or in Article 101 of the TFEU, if the undertaking is the first to notify the infringement to the Swedish Competition Authority and it is only as a result of the information contained in the notification that the Authority has obtained sufficient evidence to take action against the infringement.

When the Swedish Competition Authority already has sufficient evidence to take action against the infringement, immunity from an administrative fine may be granted to an undertaking that has infringed the said prohibitions, provided that the undertaking is the first to provide information that results in it being possible to establish that the infringement has occurred.

Immunity from an administrative fine shall not be granted to an undertaking that has coerced another undertaking to participate in the infringement. In cases referred to in the second paragraph immunity from an administrative fine shall not be granted if

1. 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
2. a decision pursuant to Section 15 has been made. (SFS 2021:81).

The administrative fine may be set at a lower amount than 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 of the TFEU, if the undertaking provides the Swedish Competition Authority with 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 facilitated the investigation to a significant extent.

If an undertaking has provided information that leads to a higher administrative fine being set for the undertakings that have participated in the infringement than would otherwise have been the case, this information shall not be taken into account when setting the fine for the undertaking that has provided said information. (SFS 2021:81).

In order to be granted immunity from fines according to Section 12 or a reduction of fines according to Section 13, the undertaking shall, in addition to those provisions

1. provide the Swedish Competition Authority with all the information and evidence about the infringement which the undertaking has in its possession or has access to,
2. actively cooperate with the Swedish Competition Authority during the investigation of the infringement,
3. not destroy evidence or in any other way hinder the future or present investigation of the infringement, and
4. have ended, or as soon as possible after an application is made or information is provided, end its participation in the infringement.

The Swedish Competition Authority may grant an undertaking a respite period to provide the information required for granting immunity from an administrative 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. (SFS 2021:81).

The Swedish Competition Authority shall state in a decision if the conditions for immunity from fines pursuant to Section 12, first paragraph, are satisfied for the undertaking that has notified an infringement, and inform the undertaking of this decision. Such a decision is binding for the Authority in cases pursuant to Section 5. (SFS 2021:81).

The Government can, pursuant to Chapter 8, Section 7 of the Instrument of Government, issue more detailed regulation on

1. the handling of an application for granting immunity from fines according to Section 12 or reduction of fines pursuant to Section 13,
2. the requirements on cooperation that shall apply pursuant to Section 14, point 2, and
3. the information that an undertaking must provide to be granted a respite period pursuant to Section 14 a. (SFS 2021:81).

The provisions in Sections 12–15 do not apply for an association of undertakings. (SFS 2021:81).

Repealed by SFS 2021:81.

Repealed by SFS 2021:81

Repealed by SFS 2021:81

Repealed by SFS 2021:81

The administrative fine may only be imposed if the Swedish Competition Authority has issued a decision on such a fine within five years from the date on which the infringement ceased. If the undertaking in question receives a decision within this period concerning an inspection in accordance with Chapter 5, Section 3 or is given an opportunity to express its views on the draft decision of the Swedish Competition Authority, this period shall instead be counted from the date on which this occurred. However, in such cases, a fine may only be imposed if the Swedish Competition Authority’s decision on an administrative fine is issued within ten years from the date on which the infringement ceased. (SFS 2021:81).

The limitation periods in Section 20 shall be interrupted if a national competition authority in another Member State within the European Union or the European Commission is reviewing the same agreement or practice that might be in breach of Article 101 or 102 of the TFEU as that which the Swedish Competition Authority is investigating or might investigate.

A limitation period described in the first paragraph shall be interrupted when at least one undertaking is notified of the first formal investigative measure. The interruption shall apply to all undertakings that have participated in the infringement.

A new limitation period shall commence on the day when there is an infringement decision or when the national competition authority or European Commission has closed its proceedings in another way. However, the new limitation period shall never extend beyond ten years from the date on which the infringement ceased. (SFS 2021:81).

In order to secure a claim for an administrative fine, the court may decide on provisional attachment. In such cases, the provisions in Chapter 15 of the Swedish Code of Judicial Procedure on provisional attachment shall apply. (SFS 2016:224).

An administrative fine shall be paid to the Swedish Competition Authority within thirty days of the decision becoming final or within the longer period stated in the decision.

If the administrative fine is not paid on time, the Swedish Competition Authority shall hand over the unpaid fine for debt collection. Provisions on debt collection are laid down in the Swedish Act (1993:891) on the Collection of Debts to the State etc. Enforcement may take place according to the provisions of the Swedish Enforcement Code.  (SFS 2021:81)

An administrative fine that has been imposed shall lapse if enforcement has not occurred within five years of the relevant decision becoming final. (SFS 2021:81)

An association of undertakings that is not able to pay an imposed administrative fine within the time period stated in Section 22, first paragraph, shall require the association members to contribute to the fine to be paid by the association, if the fine has been determined taking account of its members’ total turnover on the market affected by the association’s infringement. (SFS 2021:81).

If an administrative fine that has been imposed on an association of undertakings has been determined taking account of its members’ total turnover, and full payment has not been made within the time period stated in Section 22, first paragraph, the Swedish Competition Authority may decide that one or more of the members that, at the time of the infringement, were represented in the association’s decision-making body, shall pay the remainder of the fine.

If full payment does not occur in accordance with the first paragraph, the Swedish Competition Authority may decide that one or more other members shall pay the remainder of the fine.

The fine that an undertaking shall pay in accordance with the first or second paragraph shall not exceed ten percent of the undertaking’s total turnover during the financial year preceding the year when the decision on an administrative fine was issued. (SFS 2021:81).

A fine pursuant to Section 23 b shall not be imposed on an association member which shows that it did not implement the association’s decision leading to the infringement, and which, before the Swedish Competition Authority started investigating the infringement,

1. was not aware of this decision, or
2. actively distanced itself from the decision. (SFS 2021:81).

A fine pursuant to Section 23 b shall be paid to the Swedish Competition Authority within thirty days of the decision becoming final, or the longer period stated in the decision.

Section 22, second paragraph, and Section 23 shall be applied in the case of enforcement of a decision pursuant to Section 23 b. (SFS 2021:81).

The Swedish Trading Prohibitions Act (2014:836) contains provisions on the issuance of trading prohibitions for certain infringements of the prohibition laid down in Chapter 2, Section 1 or in Article 101 of the TFEU. (SFS 2014:850).

The Swedish Competition Damages Act (2016:964) contains provisions on damages for infringements of the prohibitions in Chapter 2, Sections 1 and 7, and Articles 101 and 102 of the TFEU. (SFS 2016:966).

Repealed by SFS 2016:224.

A certain conduct by the State, a municipality or a county council engaged in a sales activity covered by Chapter 1, Section 5, first paragraph, may be prohibited through an injunction, if such conduct

1. distorts or is likely to distort the conditions for effective competition in the market, or
2. impedes or is likely to impede the occurrence or the development of such competition.

An injunction shall not be imposed in relation to conduct that can be justified by public interest considerations.

A certain sales activity by a municipality or a county council may also be prohibited in cases referred to in the first paragraph. However, such an activity shall not be prohibited if it is compatible with law.

An injunction shall take effect immediately, unless decided otherwise. (SFS 2019:933).

The provisions of Section 27 shall also apply to a conduct or an activity of another legal person if the State, a municipality or a county council directly or indirectly has a decisive influence over this legal person through ownership, financial participation, applicable rules or any other means. The provisions concerning the State, a municipality or a county council shall in this case apply to the legal person. (SFS 2019:933).

An injunction pursuant to Section 27 may also cover a conduct or an activity that substantially corresponds with the conduct or the activity that is prohibited. (SFS 2009:1280).

If there are particular reasons to do so, an interim injunction pursuant to Section 27 may be imposed for the period until the matter has been finally decided. Such an injunction may be imposed only following the commencement of legal proceedings. (SFS 2009:1280).

If the court has rejected an application for an injunction pursuant to Section 27, the matter may be subject to re-examination where there has been a material change in any of the facts on which the court decision was based.

An injunction pursuant to Section 27 may be subject to re-examination, if there are particular reasons for revoking or mitigating the prohibition. (SFS 2009:1280).

The Swedish Competition Authority may bring an action before a court for an injunction pursuant to Section 27 or for re-examination pursuant to Section 31, second paragraph. An action for re-examination of an injunction may also be brought by the party against whom the injunction has been imposed.

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. (SFS 2016:224).

A concentration that is examined according to this Act shall be prohibited if it would significantly impede the occurrence or the development of effective competition within the country as a whole, or a substantial part of it. During the examination of whether the concentration shall be prohibited, account shall particularly be taken of whether it results in the creation or strengthening of a dominant position.

A prohibition may only be issued if no significant national security or supply interests are set aside.

To the extent that the creation of a joint venture constituting a concentration in accordance with Chapter 1, Section 9, second paragraph has the aim or effect of coordinating the competitive behaviour of the undertakings which remain independent, in the examination of a prohibition against the concentration the co-ordination shall be assessed in accordance with Chapter 2, Sections 1 and 2.

If it is sufficient to eliminate the harmful effects of a concentration, a party to a concentration, instead of being subject to a prohibition pursuant to Section 1, may instead be required

1. to divest an undertaking or a part of an undertaking, or
2. to take any other measure having a favourable effect on competition.

An obligation under the first paragraph shall not be more extensive than is required to eliminate the harmful effects of a restriction of competition.

A prohibition of a concentration means that a which forms part of the concentration or which has the purpose of implementing the concentration is invalid. However, this does not apply to such transactions that consist of acquisitions carried out on a regulated market referred to in Chapter 1, Section 4 b of the Swedish Securities Market Act (SFS 2007:528), a corresponding market outside the European Economic Area or an MTF platform referred to in Chapter 1, Section 4 b of the Swedish Securities Market Act or through purchase at a compulsory auction. In such cases, the acquirer shall instead be obliged to divest what has been acquired. (SFS 2017:696).

If a question has arisen as to whether to impose a prohibition pursuant to Section 1 or an obligation pursuant to Section 2, a commitment from a party to the concentration may result in the Swedish Competition Authority taking no further action against the concentration.

A decision by the Swedish Competition Authority not to take any further action with regard to a concentration shall also cover restrictions directly related and necessary to the implementation of the concentration that has been notified.

A concentration shall be notified to the Swedish Competition Authority if

1. the combined aggregate turnover in Sweden of all the undertakings concerned in the preceding financial year exceeds SEK 1 billion, and
2. at least two of the undertakings concerned had a turnover in Sweden the preceding financial year which exceeds SEK 200 million for each of the undertakings.

If the turnover requirement according to Section 6, point 1 is fulfilled, but the turnover does not exceed what is laid down in Section 6, point 2,

1. the Swedish Competition Authority may require a party to a concentration to notify the concentration, where particular grounds exist for so doing, or
2. a party or other participant in a concentration may voluntarily notify the concentration.

If a concentration consists of several transactions between the same persons or undertakings, whereby parts of one or more undertakings are acquired, for the purposes of calculating the turnover the transactions which have taken place within a period of two years shall be treated as only one concentration.

If the obligation to notify a concentration applies in accordance with Section 6 the notification shall be made by the party or parties acquiring control of an undertaking or a part thereof. If the concentration consists of a merger of two or more undertakings, the concentration shall be notified by these undertakings.

A notification of a concentration between undertakings may be made as soon as a party or other participant can demonstrate that they intend to implement a concentration.

A notification of a concentration between undertakings shall be made before the concentration is implemented.

The Swedish Competition Authority shall, within 25 working days from the day a complete notification of a concentration has been received by the Authority, take a decision to either carry out an in-depth investigation of the concentration or take no further action against the concentration.

If the Swedish Competition Authority within the period in the first paragraph has received a commitment from a party to the concentration aiming to a decision where the Authority shall take no further action regarding the concentration, the period will be prolonged to 35 working days.

Before the time limit specified in Section 11 has expired, a party and any other participant in a concentration shall not take any action to implement the concentration. This prohibition does not apply if the Swedish Competition Authority decides to take no further action against the concentration, before the time limit has expired.

If particular grounds exist, the Swedish Competition Authority may grant an exemption from the prohibition stipulated in the first paragraph.

If it is necessary to ensure compliance with the prohibition in the first paragraph, the Swedish Competition Authority may impose a prohibition or an obligation on the parties or other participants in the concentration. (SFS 2014:443).

If the Swedish Competition Authority has decided to carry out an in-depth investigation, the Authority shall, within three months of the decision being taken, decide on a prohibition pursuant to Section 1 or an obligation pursuant to Section 2, or decide to take no further action against the concentration.

A prohibition pursuant to Section 1 or an obligation pursuant to Section 2 shall not be imposed later than two years after the concentration occured.

A prohibition pursuant to Section 1 or an obligation pursuant to Section 2 takes effect immediately, unless otherwise decided. (SFS 2017:986).

Before the end of the period stated in Section 13, first paragraph, no party or other participant in the concentration shall take any action 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 with the prohibition in the first paragraph, the Swedish Competition Authority may impose a prohibition or an obligation on the parties or other participants in the concentration. (SFS 2017:986).

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 to the concentration give their consent. In the case where another participant has reported the concentration pursuant to Section 7, point 2, said participant’s consent is also required. If the concentration has occurred in the manner specified 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. (SFS 2017:986).

If the Swedish Competition Authority’s decision on a prohibition pursuant to Section 1 or on an obligation pursuant to Section 2 is appealed, the Patent and Market Court shall decide the matter within six months of 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. (SFS 2017:986).

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. (SFS 2017:986).

New designation, Section 17, by SFS 2017:986.

The Swedish Competition Authority may temporarily suspend the time limit pursuant to Section 11 or Section 13, first paragraph, if a party to the concentration has not complied with an obligation pursuant to Chapter 5, Section 1, first paragraph, point 1. The time limit resumes on the first working day after the obligation has been complied with.

At the request of a party to the concentration, the Swedish Competition Authority may temporarily suspend the time limit stated in Section 11 for as many working days as the Authority decides.

The Swedish Competition Authority’s decision pursuant to the first paragraph is subject to review by the court in connection with the review of an appealed decision on a prohibition pursuant to Section 1 or an obligation pursuant to Section 2. (SFS 2017:986).

Repealed by SFS 2017:986.

If a decision to take no further action against a concentration has been based on incorrect information provided by a party or any other participant in the concentration, the Swedish Competition Authority may decide to carry out an in-depth investigation. (SFS 2017:986).

If, after an appeal, the court has annulled a decision on a prohibition pursuant to Section 1 or an obligation pursuant to Section 2, the matter may be re-examined if a party or other participant in the concentration has provided incorrect information about facts which were material to the court’s decision.

An application for a re-examination may be made by the Swedish Competition Authority to the Patent and Market Court. The application shall be made within one year from the final decision of the case. (SFS 2017:986).

If a decision on a prohibition pursuant to Section 1 or an obligation 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 at the request of anyone affected by the decision. (SFS 2017:986).

Where this is necessary for the performance of its duties under this Act, the Swedish Competition Authority may require

1. undertakings or other parties to provide information, documents or other material,
2. persons who are expected to be in a position to provide relevant information to appear for interview at a time and place decided by the Authority, or
3. a municipality or county council engaged in activities of an economic or commercial nature to account for the costs of and revenues from these activities.

An obligation pursuant to the first paragraph shall take effect immediately, unless otherwise decided. (SFS 2019:933).

In connection with an interview pursuant to Section 1, first paragraph, point 2, a statement made by the person interviewed, shall be written down. The statement shall be read out or the person interviewed shall be given an opportunity to review the record in some other way.

The record shall be drawn up and reviewed before the interview is concluded or, if the interview is particularly extensive or concerns complex material circumstances, as soon as possible thereafter.

The person interviewed shall be asked whether he or she has any objections regarding the contents of the record. An objection that does not result in any amendment being made shall be noted. The record shall not be changed after the review.

Upon an application by the Swedish Competition Authority, the Patent and Market Court may decide that the Authority may carry out an inspection  of an undertaking to investigate if it has infringed the prohibitions in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU, if

1. there is reason to believe that an infringement has been committed,
2. the party in question does not comply with an obligation imposed pursuant to Section 1, first paragraph, point 1, or there is otherwise a risk of evidence being withheld or tampered with, and
3. the importance of the measure being taken is sufficient to outweigh the interference or other inconvenience caused to the party affected by it.

A decision pursuant to the first paragraph may also pertain to an investigation related to an infringement of

1. a decision on an obligation pursuant to Chapter 3, Section 1 or 3,
2. a decision to accept a commitment pursuant to Chapter 3, Section 4, or
3. Section 21, first paragraph, points 1–5.
   SFS (2021:81).

A decision pursuant to Section 3 may also refer to a legal person or an undertaking other than the one which is the subject of an investigation, if

1. the conditions in Section 3, first paragraph, points 1–3 are satisfied, and
2. there is particular reason to assume that the party referred to in the application is in possession of evidence. (SFS 2021:81).

A decision pursuant to Section 3 may also concern homes and other premises used by the board members and employees of the undertaking which is the subject of an investigation, if

1. the conditions in Section 3, first paragraph, points 1–3 are satisfied, and
2. there is particular reason to assume that the party referred to in the application is in possession of evidence. (SFS 2021:81).

When carrying out an inspection, the Swedish Competition Authority is empowered to,

1. gain access to premises, land, means of transportation and other areas,
2. access all information that is available to the party subject to the inspection is carried out, regardless of the medium on which it is stored,
3. examine the books and other business records,
4. take copies of or obtain extracts from the books and business records,
5. seal business premises, books, or business records, for as long as and to the extent this is necessary to carry out the investigation, and
6. ask for oral explanations directly on site. (SFS 2021:81).

The Swedish Competition Authority may seize a document to perform the measures described in Section 6, points 3 and 4, at the Swedish Competition Authority’s premises or other premises.

When taking possession of a document, binders, folders and similar storage materials may also be seized.

If possible, a copy of the seized document shall be left behind. (SFS 2021:81).

When the Swedish Competition Authority takes measures pursuant to Section 6, points 3 and 4, at the Swedish Competition Authority’s premises or other premises, the party subject to the inspection has the right to follow the actions taken by the Authority. (SFS 2021:81).

The Swedish Competition Authority shall return the documents and other materials taken into possession pursuant to Section 6 a, as soon as they are no longer needed. If the party subject to the decision on the inspection has been declared bankrupt, the Swedish Competition Authority shall

1. hand over the documents and other materials to the official receiver, and
2. notify the party subject to the decision that the documents have been handed over.

The Swedish Competition Authority shall, upon request from the party subject to the decision, assess if a document or other materials taken into possession should be returned. (SFS 2021:81).

A decision about an investigation may be issued without the party referred to in the application being given the opportunity to be heard if there is a risk that the investigation would otherwise be undermined.

Decisions pursuant to the first paragraph shall only be sent to the Swedish Competition Authority. When an investigation is initiated, the Authority shall present a copy of the decision to the party on whose premises the inspection is to be carried out.

A decision concerning an inspection shall specify

1. the subject matter and purpose of the inspection,
2. the date on which the inspection is to begin, and
3. the Swedish Competition Authority’s powers pursuant to Section 6 and Section 6 a, first and second paragraphs.

Decisions pursuant to the first paragraph are effective immediately, unless the court decides otherwise. (SFS 2021:81).

The party on whose premises the inspection is to be carried out has the right to summon a legal counsel.

Pending the arrival of a legal counsel, the Swedish Competition Authority shall not begin an inspection. However, this does not apply where

1. the inspection is unduly delayed as a result, or
2. the decision to conduct an inspection is taken pursuant to Section 7, first paragraph.

The Swedish Competition Authority may request assistance from the Swedish Enforcement Agency in carrying out the measures referred to in Section 6, points 1–5 or Section 6 a, first and second paragraphs.

In the case of assistance, the provisions of the Swedish Enforcement Code regarding the enforcement of obligations not pertaining to payment obligation, eviction or removal from the property shall apply. However, the Swedish Enforcement Agency shall not notify the party on whose premises the inspection is to be carried out prior to the commencement of such inspection (SFS 2021:81).

Measures pursuant to Section 1 or Section 6, first paragraph, shall not apply to a written document

1. the contents of which can be assumed to be such that a member of the Swedish Bar Association or their associate cannot be heard as a witness in regard to the contents, and
2. which is held by the member of the Swedish Bar Association or their associate or the party who is protected by the duty of professional secrecy.

If the Swedish Competition Authority considers that a certain document should be covered by an inspection and the party to whom the measure in question applies claims that the document is protected in accordance with the first paragraph, the document shall immediately be sealed and promptly submitted to the Patent and Market Court by the Swedish Competition Authority.

The court shall without delay examine whether the document shall be covered by the Swedish Competition Authority’s inspection. (SFS 2016:224).

Repealed by SFS 2021:81.

A party that is required to provide information or is the subject of an investigation pursuant to this Act shall not be unduly burdened or forced to admit an infringement of a prohibition laid down in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU. (SFS 2021:81).

The provisions in Section 1 and Sections 11-13 concerning the collection of information also apply when the Swedish Competition Authority takes such measures at the request of a competition authority of another EU Member State.

The Swedish Competition Authority may transmit documents as specified in Chapter 1, Section 2, point 10 of the Swedish Competition Damages Act (2016:964), to another competition authority within the European Union or to the European Commission, only in accordance with Article 12 of the Council Regulation (EC) No 1/2003 and only if the party that has presented the document consents to it. (SFS 2021:81).

The provisions in Sections 3–13 on inspections also apply when the Swedish Competition Authority takes such measures at the request of a competition authority of another EU Member State.

A competition authority iof another EU Member State that has made a request as described in Article 22 of the Council Regulation (EC) No 1/2003 has the right to attend and actively assist the Swedish Competition Authority when an interview pursuant to Section 1, first paragraph, point 2 is held or an inspection pursuant to Section 6 is carried out. (SFS 2021:81).

The provisions in Section 6 and Sections 9-13 also apply when the Swedish Competition Authority, at the request of the European Commission, carries out an inspection pursuant to Section 22 (2) of the Council Regulation (EC) No 1/2003. However, the provision in Section 9, second paragraph, first sentence, does not apply if there is a risk that the inspection would be undermined, if it was not commenced immediately.

The first paragraph also applies when the Swedish Competition Authority, at the request of the Commission, undertakes an inspection pursuant to Article 12 (1) of the Council Regulation (EC) No 139/2004. (SFS 2011:872).

When the European Commission has by decision ordered an inspection 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 may, on application by the Swedish Competition Authority, decide on enforcement assistance in order to enable the inspection to be carried out.

Section 10, second paragraph, shall apply in the case of enforcement assistance in accordance with the first paragraph. (SFS 2010:642).

Questions regarding prior authorisation pursuant to Article 21 (3) of the Council Regulation (EC) No 1/2003 shall be reviewed by the Patent and Market Court upon application by the Swedish Competition Authority.

If a decision on prior authorisation has been made pursuant to the first paragraph, the provisions in Section 17 on enforcement assistance shall apply. (SFS 2016:224).

The Swedish Competition Authority may impose an obligation pursuant to Section 1, if it is requested by an authority in a state with which Sweden has entered into an agreement on the provision of legal assistance in competition cases. If such an obligation is imposed, the provisions in Sections 11-13 shall apply.

Upon a request from an authority in a state with which Sweden has entered into an agreement on the provision of legal assistance in competition cases, the Patent and Market Court may, upon application by the Swedish Competition Authority, decide that the Authority may conduct an inspection of an undertaking or any other person to assist the other state in its investigation of whether its competition rules have been infringed, if

1. the conditions in Section 5, paragraphs 1–3 are satisfied, and
2. the practice under investigation 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 102 of the , if any of these regulatory frameworks had been applied to the practice.

In cases pursuant to the first paragraph, the provisions in Sections 6–13 shall apply. (SFS 2016:224).

The Swedish Competition Authority may decide that an undertaking shall pay a particular fine (investigation fine), if the undertaking or a person acting on its behalf has intentionally or negligently, during the Swedish Competition Authority’s investigation or if the undertaking has infringed any of the prohibitions in Chapter 2, Section 1 or 7 or Article 101 or 102 of the TFEU,

1. provided incorrect, incomplete or misleading information in response to an obligation pursuant to Section 1, first paragraph, point 1, or has not provided the requested information, documents or other materials within the specified time limit,
2. not ensured that a representative has appeared at an interview as referred to in Section 1, first paragraph, point 2,
3. prevented the Swedish Competition Authority from carrying out any of the measures described in Section 6, points 1–5,
4. broken a seal as referred to in Section 6, point 5, or
5. provided an incorrect, incomplete or misleading response to a request for explanation as referred to in Section 6, point 6, or has not provided any explanation.

The fine shall go to the state.

Before the Swedish Competition Authority decides to impose an investigation fine on an undertaking, the undertaking shall be given the opportunity to express its views on the Authority’s draft decision. (SFS 2021:81).

An investigation fine shall not be imposed in respect of a measure covered by a decision issued subject to a conditional fine in accordance with the provisions of this Act, if an action on the imposition of a conditional fine has been brought before a court. (SFS 2021:81).

When determining the amount of the investigation fine, account shall be taken of the gravity and duration of the infringement.

The investigation fine shall not exceed one percent of the undertaking’s total turnover in the preceding financial year. (SFS 2021:81).

With regard to investigation fines, the following provisions apply:

1. limitation periods in Chapter 3, Sections 20 and 20 a,
2. provisional attachment in Chapter 3, Section 21, and
3. payment of administrative fines in Chapter 3, Sections 22 and 23.

What is therein stated regarding administrative fines shall in such case apply to investigation fines instead. (SFS 2021:81).

The following decisions may be issued subject to a conditional fine:

1. an obligation pursuant to Chapter 3, Section 1, 2 or 3,
2. an injunction pursuant to Chapter 3, Section 27 or 30,
3. a prohibition pursuant to Chapter 4, Section 1,
4. an obligation pursuant to Chapter 4, Section 2 or 3
5. a prohibition or an obligation pursuant to Chapter 4, Section 12, third paragraph, or Section 13 a, third paragraph, and
6. an obligation pursuant to Chapter 5, Section 1.

A decision to conduct an inspection pursuant to Chapter 5, Section 3 or 20 may be issued subject to a conditional fine. The Swedish Competition Authority may also issue a decision concerning the fulfilment of obligations pursuant to Chapter 4, Section 6 or Section 7, point 1 subject to a conditional fine.

The Swedish Competition Authority may issue a decision to accept a commitment that has been submitted pursuant to Chapter 3, Section 4, first paragraph or Chapter 4, Section 4 subject to a conditional fine. Such a decision shall take effect immediately, unless otherwise decided. (SFS 2017:986).

When the following decisions are issued subject to a periodic conditional fine, it shall be set to a sum that is proportional to the undertaking’s average daily turnover in the preceding financial year, calculated from the day stated in the decision:

1. an obligation pursuant to Chapter 3, Section 1, 2 or 3,
2. a decision pursuant to Chapter 3, Section 4, first paragraph,
3. an obligation pursuant to Chapter 5, Section 1, first paragraph, point 1 or 2, in investigations of whether the undertaking has infringed any of the prohibitions in Chapter 2, Section 1 or 7, or Article 101 or 102 of the TFEU, or
4. a decision pursuant to Chapter 5, Section 3. (SFS 2021:81).

An action for the imposition of a conditional fine issued in accordance with 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. (SFS 2016:224).

Decisions from the Swedish Competition Authority in the following matters may be appealed to the Patent and Market Court:

1. measures pursuant to Chapter 2, Section 3, second paragraph,
2. obligations imposed by the Authority pursuant to Chapter 3, Section 1, first paragraph, or Section 3,
3. decisions pursuant to Chapter 3, Section 1 a, Section 4, second paragraph, Section 5, or Section 23 b,
4. prohibitions pursuant to Chapter 4, Section 1,
5. obligations pursuant to Chapter 4, Section 2,
6. prohibitions or obligations pursuant to Chapter 4, Section 12, third paragraph, or Section 13 a, third paragraph,
7. decisions pursuant to Chapter 4, Section 14 or 21,
8. obligations pursuant to Chapter 5, Section 1,
9. decisions pursuant to Chapter 5, Section 21, and
10. withdrawal of exemption benefits pursuant to Article 29 (2) of the Council Regulation (EC) No 1/2003.

Other decisions of the Swedish Competition Authority pursuant to this Act may not be appealed. (SFS 2021:81).

Decisionsof the Patent and Market Court pursuant to Chapter 3, Section 30 may be appealed separately. (SFS 2017:986).

The Patent and Market Court is the competent court in cases regarding

1. obligations referred to in Chapter 3, Section 2,
2. provisional attachment pursuant to Chapter 3, Section 21,
3. injunctions referred to in Chapter 3, Sections 27 and 31, and Section 32, second paragraph, and
4. imposition of conditional fines pursuant to Chapter 6, Section 2. (SFS 2021:81).

The provisions of the Swedish Code of Judicial Procedure relating to civil cases where a settlement is not permitted, shall apply in cases referred to in Chapter 3, Sections 2, 21, 27 and 31, and Section 32, second paragraph.

The provisions in the Swedish Court Matters Act (SFS 1996:242) shall apply in matters initiated through an application to the Patent and Market Court. (SFS 2021:81).

Repealed by SFS 2021:81.

A party that, during enforcement proceedings before a national competition authority within the European Union, has obtained access to a leniency statement within the framework of a leniency programme or a settlement submission referred to in Chapter 1, Section 2, items 10 and 12 of the Swedish Competition Damages Act (2016:964) shall not rely on such documents as evidence in court in a case or matter under this Act.

The first paragraph does 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 of the TFEU has been found, and reliance on such documents is necessary for the party to exercise its right of defence. (SFS 2021:81).

A party to enforcement proceedings carried out by a national competition authority within the European Union shall not, in a case or matter pursuant to this Act, as evidence in court rely on documents, that the party has obtained access to during the enforcement proceedings, and that fall into the following categories:

1. documents that others have prepared specifically for the enforcement proceedings of the competition authority,
2. documents that the competition authority has prepared and sent to the parties in the course of the enforcement proceedings, or
3. settlement submissions that have been withdrawn.

The first paragraph shall not apply after the competition authority has, by adopting a decision or otherwise, closed its enforcement proceedings. (SFS 2021:81).

Repealed by SFS 2016:224.

Repealed by SFS 2016:224.

Repealed by SFS 2016:224.

Repealed by SFS 2016:224.

Repealed by SFS 2016:224.

Repealed by SFS 2016:224.

The provisions of the Swedish Code of Judicial Procedure relating to prosecutors shall, with respect to orders concerning parties and the non-appearance of a party, apply to the Swedish Competition Authority as a party to cases pursuant to this Act.

A statement which has been submitted by the European Commission or the Swedish Competition Authority, in accordance with Article 15 of the Council Regulation (EC) No 1/2003, may be taken into account by the court without being invoked by a party. The parties shall be provided an opportunity to comment on the statement. (SFS 2010:642).

Chapter 36, Section 16, second paragraph of the Swedish Code of Judicial Procedure shall apply in connection with judicial questioning of a party or other person regarding what he or she has stated during an interview in accordance with Chapter 5, Section 1 at the Swedish Competition Authority.

In cases and matters pursuant to this Act, Chapter 31 of the Swedish Code of Judicial Procedure shall apply to the matter of litigation costs, unless otherwise stipulated in this Act.

In cases pursuant to Chapter 3, Section 2 and Section 32, second paragraph, Chapter 18 of the Swedish Code of Judicial Procedure shall apply. If particular grounds exist, the court may in such cases decide that each party shall be liable for its own litigation costs. (SFS 2016:966).

Repealed by SFS 2021:81.

Repealed by SFS 2017:986.

If a case for damages has been jointly handled with a case concerning an administrative fine, the party who brought the action for damages is only liable for the specific costs it has caused. A party that has requested an administrative fine is not liable for such costs.