Court of Appeal reverses previous ruling against care companies

In 2015, Stockholm District Court ruled that three care companies must pay a total of SEK 28 million in fines/anti-competition penalty fees. According to the Swedish Competition Authority, which had taken the case to court, they had cooperated in an illegal manner in conjunction with a procurement being made by Stockholm County Council. By means of the cooperation agreements between the care companies, they intended – in the view of the Swedish Competition Authority – to reduce the risk of being left without a contract with the County Council.

The companies chose to appeal against the ruling to the highest possible body, and the Patent and Market Court of Appeal has now reached a decision that differs to that of the Swedish Competition Authority and the Stockholm District Court, clearing the three companies.

“I can confirm that the Patent and Market Court of Appeal does not share the view of the District Court that the cooperation agreements between the care companies were intended to restrict competition”, says Karin Lunning, Deputy Director General of the Swedish Competition Authority.

The judgement of the Patent and Market Court of Appeal cannot be appealed.