Category Archives: Cooperation

Posts on cases or issues involving anti-competitive agreements or coordination. Assessed under Article 101 TFEU and corresponding national provisions.

Rikard Jermsten on the SCA’s new power to block mergers

Photo: Rikard Jermsten, Director General, Swedish Competition Authority

We are very grateful to Rikard Jermsten, newly appointed Director General of the Swedish Competition Authority, for taking the time to give us his thoughts on the forthcoming changes to Sweden’s merger control regime. In office since September 2017, Jermsten will now lead the SCA into the new year and a new era for companies seeking merger clearance in Sweden. He gives us some insights below. Read more

NORDIC COMPETITION AUTHORITIES EXPAND CROSS-BORDER CO-OPERATION

Photo: Shutterstock

Photo: Shutterstock

It raised my interest as the Finnish Editor of Nordic Competition to read recently that Finland has signed the Nordic competition authorities’ co-operation agreement. I was keen to know why Finland, as a member to the European Competition Network (ECN) and after 15 years of Nordic co-operation, has now decided to enter into the agreement with the fellow Nordics and how this will impact advising clients in my jurisdiction. Here’s what I learned. Read more

Taxi Shortcut: Norway’s Top Court Rules Joint Bid an Infringement by Object

Supreme Court follows EFTA Court ruling, but on different grounds

Photo: Dmitry Valberg

In a landmark judgment, Norway’s Supreme Court has ruled that joint bids submitted by two local taxi cooperatives for public contracts were anti-competitive ‘by object’. Since the two cooperatives could have bid separately for the contracts, they were considered as potential competitors.

The court unanimously held that no assessment was necessary of the likely effects of the parties’ choice to team up and bid jointly. Subject to the narrow exception for efficiencies – under the national provision corresponding to Art 101(3) TFEU – the joint bid was deemed a per se infringement. Read more

No bid-rigging in Swedish healthcare case

At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal overturned the December 2015 judgment of the Stockholm District Court, exonerating the companies involved (Aleris Diagnostik, Capio S:t Görans Sjukhus*, Hjärtkärlgruppen i Sverige (HKG) (the Parties)). Read more

2016: This happened in the Nordics

Here’s our roundup of the most interesting competition law developments in the Nordic countries in 2016.

Mergers

  • Non-compete clause. The Stockholm District Court found against the Swedish Competition Authority that a non-compete clause lasting five years did not constitute an infringement of competition rules by object, and was further unable to identify anti-competitive effects. As a result, the Court refused to impose the fines of around EUR 5 million that the SCA had requested. The Patent and Market Court will hear the authority’s appeal in September 2017.
  • Read more