A new provision in the Swedish Competition Law, prohibiting anti-competitive sales activities by public entities, leaves considerable room for interpretation. A recent ruling by the Stockholm District Court indicates that this new part of the Swedish Competition Law is fundamentally effects-based, and that a sound economic analysis is important for the legal assessment, writes CELEC’s chairman Professor Sten Nyberg in this article. Continue reading
In a recent paper on Article 102 cases, Dr Malte Abel and Mr Peter Willis review pricing abuse cases in the European energy sector between January 2010 and September 2012. The authors conclude that an interesting feature of the national competition authorities (NCAs) investigations has been the focus on narrow geographic and product markets. The authors also conclude that a number of cases highlight ongoing concerns about restrictions of competition resulting from the control of network infrastructure. Continue reading
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.
A recent investigation by the Swedish Competition Authority (SCA) into a merger between Bokia and Akademibokhandeln concluded that the change in market concentration would not harm effective competition. Continue reading