The Swedish Supreme Court declares that a concerted practice cannot be subject to nullity under section 7 of the [former] Swedish Competition Act (Boliden Mineral Aktiebolag / AB Fortum Värme samägt med Stockholms stad)

Background In December 1992, Boliden Mineral Aktiebolag (“Boliden”) concluded an agreement with Korsnäs Aktiebolag (“Korsnäs”), in which Boliden undertook to purchase its entire requirement of electricity for a mining facility. A standard form agreement was attached to the aforementioned agreement. The standard form agreement contained a price adjustment clause which stipulated that the price of the electricity could be modified if the cost for delivering the electricity was changed due to taxes, fees or

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Carl Wetter, Carl Johan Sundqvist, The Swedish Supreme Court declares that a concerted practice cannot be subject to nullity under section 7 of the [former] Swedish Competition Act (Boliden Mineral Aktiebolag / AB Fortum Värme samägt med Stockholms stad), 23 December 2004, e-Competitions Bulletin December 2004, Art. N° 21213

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