Category Archives: Damages

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.
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    Mind the Gap: Another Hurdle for Damages Claims in the EEA?

    Guest post by Elisabeth Lian Haugsdal

    Photo: Kevin George/Shutterstock

    We are delighted to publish a post written by Elisabeth Lian Haugsdal. Elisabeth currently works as a Legal Officer at EFTA in Brussels and is one of the true experts on the peculiarities of the EEA Agreement, the agreement that extends the effect of most EU legislation to include Norway and the other EFTA countries (except Switzerland). As always, the views expressed on this blog are personal and covered by the disclaimer. Read more

    HELSINKI COURT OF APPEAL REJECTS DAMAGES CLAIMS AGAINST SUCCESSORS

    A street, motor-way, landscape, sky

    Photo: Shutterstock

    Liability based on the concepts of a single economic entity or economic succession is well-establish in competition law. The Helsinki Court of Appeal’s judgments in the asphalt cartel follow-on damages cases on 20 October 2016 are, however, a reminder that competition law concepts on liability do not necessarily apply in the follow-on damages cases which are subject to a civil law assessment.

    Majority of claims were dismissed Read more

    Arbitration awards and antitrust appeals

    Sweden’s Supreme Court discusses Eco Swiss doctrine

    The EUCJ’s well-known Eco Swiss judgment of 1999 established an EU version of the so-called ‘second look’ doctrine originally developed in the USA. Arbitration tribunals may rule on competition law claims between private parties, but should a party initiate an annulment action on the basis that an award is in breach of competition rules, the ordinary courts may look into the competition law issue again. However, the scope of the Eco Swiss doctrine has remained somewhat unclear. For instance, what if the arbitration tribunal carried out a careful analysis of the competition law issue, but landed on a conclusion that seems questionable? In a judgment of 17 June 2015, Sweden’s Supreme Court finds that Eco Swiss may require courts to review arbitration awards more rigorously in cases where EU competition rules come into play than where only national competition rules are involved. Read more