Competition rules of the EU

Sweden is a member of the European Union since 1 January 1995. As the competent national authority in competition matters, the Swedish Competition Authority takes part in the decision-making process in the European Commission.

The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in Articles 101 and 102 TFEU. There are also rules on control of mergers as well as legislation in the form of, inter alia, implementing regulations and block exemptions.

The EU rules of competition are applicable in cases where trade between member states may be affected.  The Swedish Competition Act is applicable if a restriction on competition has effects on trade within Sweden. However, where trade between member states may also be affected, the EU competition rules apply in parallel with Swedish law. As an illustration, an anti-competitive agreement between undertakings operating only on the Swedish market can  hinder imports and thus affect trade between member states.

EU competition cases are handled and decided on by the European Commission. The Commission’s decisions can be appealed to the General Court. The European Court of Justice is the final court of appeal.