Sweden Launches an Amended Competition Act: Providing further alignment with Community law, new merger thresholds, and introducing a disqualification order regime for cartel infringements

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Emil Fahlen-Godo, Per Karlsson, Aug 27, 2008

On November 1, 2008, Sweden’s amended Competition Act (SFS 2008:579) (“2008 Competition Act”) will come into force. The country’s current Competition Act (SFS 1993:20) (“1993 Competition Act”) entered into force on July 1, 1993 and since has been continuously amended in order to take into account changes in the EC rules. Most notably, the 2008 Competition Act amends the merger thresholds and introduces the possibility to issue disqualification orders on individuals responsible for cartel infringements. It is also clear that a number of the amendments will further align the Swedish rules with the current EC legislation. Without any claims to provide an exhaustive discussion of all aspects of the amendments of the Swedish competition legislation, this article outlines and discusses the 2008 Competition Act’s major amendments to be implemented in the area of merger control (Section I) and in the area of leniency and sanctions for breaches of the substantive competition rules (Section II). The article ends with a few concluding remarks (Section III).