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

    Book Review: Between Regulation and Deregulation

    In the fall 2016, Associated Professor at the University of Copenhagen, Christian Bergqvist, published a study on the limitations of competition law and its ambiguous application to the supply of electricity and telecommunications in the EU. The publication analyses the impact of competition law in the electricity and telecommunications sectors across the EU. The general perception is that competition law has played a limited role in the electricity and telecoms markets. “Between Regulation and Deregulation” rebuts the presumption but then offers some words of caution on the matter, as competition law is not well equipped to deal with some of the unique forms of market power in these sectors. Nordic Competition Blog has been invited to review the publication.     Read more

    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

    Danish court increases fine level

    Just before Christmas, the Danish Court of Holstebro fined the company Canett A/S for infringing the Danish Competition Act. The ruling was the first under the new Danish fine regime, which is designed to increase the fine level by a factor of 10. The Canett case did not go that far but the fine level was heavily increased, and other businesses have been warned that fines for infringing the Danish Competition Act are about to reach a new level. Canett was fined DKK 600,000 for instructing one dealer to apply binding resale prices.   Read more

    The Danish fine regime is changing gear

    On 8 November 2016, Opel Danmark A/S accepted a fine of DKK 8.25m for resale price maintenance. The fine is more than four times bigger than the previous highest fine issued for resale price maintenance. The fine shows that the amendment of the Danish Competition Act in 2013 whereby the fine level was dramatically increased is finally becoming real. According to the amendment, the fine level should be significantly raised as the Act recommends that fines should be raised by a factor of 10. However, since the Act was amended, no cases concerning the new regime have been seen. The Opel case is changing this. Read more