News 25 January 2013

Wistrand contributing to the anthology “Cartels – Enforcement, Appeals & Damages Actions”

Joacim Öberg, Tobias Bengtsson and Karin Andreasson have contributed with the Swedish chapter to the anthology ”Cartels – Enforcement, Appeals & Damages Actions” (1st Edition) from Global Legal Insights.

The anthology concerning cartels and other anti-competitive cooperation includes comparative insights into 29 different jurisdictions and covers i.a. the following subjects; overview of the law and enforcement regime and activity, key issues in relation to investigation and decision-making procedures, leniency/amnesty regime, administrative settlement of cases, third party complaints, civil penalties and sanctions, right of appeal against civil liability and penalties, criminal sanctions, cross-border issues, reform proposals and developments in private enforcement.

Main findings; Cartel enforcement activities are increasing as a result of the work of the Swedish Competition Authority  (Sw: Konkurrensverket and partly as a result of private actions. Even though we haven´t seen any major cartel cases brought to the courts in the most recent years, the Competition Authority has been stepping up its efforts to investigate anti-competitive cooperation and practices, and the number of dawn raids seems to be increasing. At the same time we have for the first time in about ten years seen a private action brought to the court to hinder anti-competitive cooperation. Still, Swedish courts have not yet adjudged any damage claims brought by private parties based on the prohibition against cartels or anti-competitive cooperation. The chapter also includes a briefing of the expected legislative proposals for a new leniency regime including a queue-number system and new tools for the Competition Authority to gather electronically stored information at dawn raids.

A PDF of the Swedish chapter is available here.

This article appeared in the first edition of Global Legal Insights – Cartels; published by Global Legal Group Ltd, London.

The entire book, including all 29 jurisdictions, is available online and free of charge once one has registered  name and e-mail address at www.globallegalinsights.com

The book may also be purchased from the web site of Global Legal Insights at: http://www.globallegalinsights.com/practice-areas/cartels/cartels-1st-edition