The Swedish Competition Authority (Konkurrens-verket) was established on July 1 1992. The establishment of a new national authority was one of several important steps taken to strengthen competition policy in Sweden. The Authority was equipped with new and more powerful tools to carry out its mission, the most important being a new Competition Act which entered into force on July 1 1993.
The Authority’s objective is to promote effective competition in the private and public sectors in the interests of consumers. Its main tasks are:
• Applying the Act. The Authority applies the Competition Act as well as the Swedish rules on public procurement. This includes handling applications for negative clearance and notifications for exemption, as well as control of notified mergers. The AuthoÏity is also empowered to take action against infringements of the prohibitions contained in the Competition Act. Moreover, the Authority has the power to directly apply Articles 81 and 82 of the EC Treaty.
• Submitting proposals for changes in the rules and for measures to eliminate obstacles to effective competition in the private and public sectors.
• Providing information on competition policy and the application of the competition rules, and promoting a competition-oriented attitude.
• Promoting research within the field of competition.
• International tasks. The Authority has a legal obligation to cooperate with the European Commission. Moreover, it follows the international development in the field and cooperates regularly with other foreign competition authorities.
The Competition Act
The Act is based on the principle of prohibition and is closely modelled on the EC competition rules. This means that the Act contains prohibitions against agreements in restraint of competition and against abuse of a dominant position. The Act also contains rules governing mergers.
Negative clearance
ýndertakings may apply for negative clearance and for individual exemption from the prohibition against restrictive agreements. By issuing a negative clearance, the Competition Authority certifies that a notified agreement or conduct does not, on the basis of the known facts, infringe the competition rules.
Exemption
An individual exemption is a formal decision stating that although the agreement is caught by the prohibition against restrictive agreements it is permissible because its negative effects are outweighed by its positive effects.
Sanctions
Agreements infringing the prohibitions are void. Sanctions against infringements of the Act consist of penalty payments and fines. These are determined according to the gravity and duration of the infringement. A party injured by an infringement may also take legal action to claim damages through the civil courts.
Merger control
The Act’s merger control rules are based on the concept of ‘concentration’. A concentration must be notified to the Competition Authority if the under-takings concerned have a combined aggregate worldwide turnover of more than SEK 4 billion and at least two of the undertakings concerned have a turn-over in Sweden of more than SEK 100 million each.
Johan Coyet and Malin Persson Giolito
| Ann-Christin
Nykvist Director General Konkurrensverket/Swedish Competition Authority SE-103 85 Stockholm Tel: +46 8 700 16 51 (direct) Tel: +46 8 700 16 00 (switchboard) Fax: +46 8 24 55 43 e-mail: ann-christin.nykvist@kkv.se www.kkv.se Peter Delden Head of Department KA1 Konkurrensverket SE-103 85 Stockholm Tel: +46 8 700 16 34 Fax: +46 8 24 55 43 e-mail: peter.delden@kkv.se Gunnel Schön Head of Department KA2 Konkurrensverket SE-103 85 Stockholm Tel: +46 8 700 15 17 Fax: +46 8 24 55 43 e-mail: gunnel.schon@kkv.se Elisabeth Wallton Chief Information Officer Konkurrensverket SE-103 85 Stockholm Tel: +46 8 700 16 01 Fax: +46 8 24 55 43 e-mail: elisabeth.wallton@kkv.se |
Monica
Widegren Head of the International Secretariat Konkurrensverket SE-103 85 Stockholm Tel: +46 8 700 15 24 Fax: +46 8 24 55 43 e-mail: monica.widegren@kkv.se Magnus Ulriksson Head of the Legal Secretariat Konkurrensverket SE-103 85 Stockholm Tel: +46 8 700 16 13 Fax: +46 8 24 55 43 e-mail: magnus.ulriksson@kkv.se Gunvor Engström Director of Business Division 4inistry of Industry, Employment and Communications SE-103 33 Stockholm Tel: +46 8 405 10 00 Fax: +46 8 411 36 16 e-mail: gunvor.engstrom@industry.ministry.se Lena Berke Chief Judge The District Court of Stockholm Box 8307 SE-104 20 Stockholm Tel: +46 8 657 50 00 Fax: +46 8 657 50 03 Christer Fallenius President The Market Court of Sweden Box 2217 SE-103 15 Stockholm Tel: +46 8 412 10 35 Fax: +46 8 21 23 35 e-mail: mail@marknadsdomstolen.se |
Euro
Info Centre NUTEK SE-117 86 Stockholm Tel: +46 8 681 95 00 Fax: +46 8 744 40 45 e-mail: eic@nutek.se www.euroinfo.se Swedish National Energy Administration Box 310 SE-631 04 Eskilstuna Tel: +46 16 544 20 00 Fax: +46 16 544 20 99 e-mail: stem@stem.se www.stem.se National Post and Telecom Agency Box 5398 SE-102 49 Stockholm Tel: +46 8 678 55 00 Fax: +46 8 678 55 05 e-mail: pts@pts.se www.pts.se |
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