Court practice leads to changes in priorities
When the Swedish Competition Authority has taken legal proceedings against public actors that compete with private companies, it has been difficult to obtain redress from the courts. A recent report presents a review of the almost seven years that the law has been in force.
Public actors may not carry out sales activities in a manner that distorts competition in the market. A supplement to the Competition Act was introduced almost seven years ago to deal with such issues.
Many of the cases that the Competition Authority has taken to court so far have been rejected. Requirements for proof from the Market Court, which has been the highest instance, have been stringent.
"The Swedish Competition Authority will continue to give priority to this type of issue and contribute to bringing about a clear practice in the conflict area that is easily created when public entities compete with market actors. At the same time, we must comply with the requirements for proof demanded by the courts," says the Director-General of the Competition Authority, Dan Sjöblom.
The report, entitled "An evaluation of the rules on anti-competitive public sales," examines all court cases in this area since the introduction of the law.
The report also includes conclusions drawn by the Competition Authority on how existing court practice will affect the priority given to such cases by the Authority in the future. Such priority generally assumes that concrete, measurable and documented damage to competition can be proven by one or more private actors.
These issues will be discussed at a number of regional meetings in Sundsvall, Kalmar and Gothenburg during the winter. The Confederation of Swedish Enterprise, the Swedish Association of Local Authorities and Regions and Almega will participate, as well as the Competition Authority. Representatives of the municipalities, county councils, the state and private industry will be invited.
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Last updated: 2021-05-17
Press release5 october 2016