INTERNATIONAL: SWEDEN - COMPETITION POLICY - ANTI-COMPETITIVE AGREEMENT - DOMINANCE - BURDEN OF PROOF

Sweden: Current developments and trends in Swedish competition law

Dating back almost 30 years, the Swedish legislator has endeavoured to closely align national substantive rules on competition with its EU counterparts. That aim remains and largely this is reflected throughout the national competition authority’s decisional practice and the courts’ case law. In the wake of the recent reform of the court system and the emergence of new enforcement powers, some trends are emerging, revealing perhaps a new approach. This entails a more uncompromising view on competitive restraints by the Authority, but also higher standards of proof and a somewhat different substantive methodology to show infringement. In this article, a critical overview is employed on these new developments in Swedish competition law.

I. A long-standing tradition of competition law in Sweden 1. Already in the 1920s, early rules on competition-related issues were introduced in Swedish law. Following a statute in 1946, the first true competition law was enacted in 1953, [1] which focused on restraints of competition. It was replaced in 1982 by an updated competition act, and the substantive rules remained in force until the end of 1992. In parallel to the EEC rules, these older Swedish rules mirrored the economic policies of the time and the national procedural system that emerged in the late 1960s and early 1970s when consumer protection regulation and market law were being formed. As such, there was a strong emphasis on state intervention, the ordo-liberal institutional heritage, and where organisations

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  • Stockholm School of Economics

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Lars Henriksson, Sweden: Current developments and trends in Swedish competition law, November 2021, Concurrences N° 4-2021, Art. N° 103018, pp. 196 - 206

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