This month, professor Lars Henriksson (CELEC’s Vice Chairman) presents an overview of competition litigation in Sweden, based on his contribution to the “Comparative Private Enforcement & Consumer Redress in the EU” project. Continue reading
In April, the Swedish Market Court ruled that telecom operator TeliaSonera engaged in margin squeeze in the broadband market during the period April 2000–January 2003. The judgement upheld a previous judgement by the Stockholm District Court made in December 2011 and was widely expected to. However, the Market Court’s decision substantially reduced the severity of the imposed fines due to the competition authority failing to satisfy the burden of proof. As professor Lars Henriksson (CELEC’s Vice Chairman) explains, this raises a number interesting legal questions and precedents related to the standard of proof in Swedish competition law cases.
This week CELEC’s Vice Chairman, Professor Lars Henriksson, discusses the recent ruling of the Swedish Market Court against KIA Motors and the tensions which it highlights. The case finds that KIA Motors’ seven year warranty policy – which entails that a warranty is only maintained if the customer uses an approved dealer or repairer – restricts competition in the after-sales market and hence should be prohibited. However, this is in contradiction with the SCA assessment, who decided not to proceed, and raises the question of whether there is a disparity between the two institutions’ interpretation of the law.