Trading Prohibition due to Cartel Activity

According to the Swedish Competition Act, individuals who are involved in cartel activity may be imposed a trading prohibition. For this purpose, the concept of a cartel includes competing undertakings colluding to fix selling prices, to limit or control production or engaging in market sharing.

The Swedish Competition Authority may in conjunction with cases concerning competition administrative fines bring proceedings concerning a trading prohibition or, without such proceedings being brought, apply for a trading prohibition.

In order for a trading prohibition to come into question, it is required that the matter involves a cartel. In these cases the concept of cartel includes undertakings in the same line of trade or production fixing selling prices, limiting or controlling production or share up markets.

A trading prohibition may be issued for the following persons:

a) private business operators, that is to say, natural persons who professionally conduct operations of an economic nature, regardless of whether or not the operation is oriented towards profit;

b) formal representatives of the legal persons;

c) a person who has in purely practical terms exercised the management of a business operation or has outwardly appeared to be responsible for a private business operation. If several persons together have jointly exercised the actual management, they may all be subject to a trading prohibition.

More information on the rules and the possibility to get immunity from trading prohibition can be found in the General Guidelines of the Swedish Competition Authority on trading prohibition in the event of infringements of the rules on competition  (347 kB), or by contacting the Competition Authority’s Leniency Group.

Tel: +46-8-700 15 99 (weekdays 8.00 AM - 5.00 PM) Fax: +46-8-700 15 98 E-mail: eftergift_kkv@kkv.se

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