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State conduct and intervention—liability of state and public bodies under EU law

State conduct and intervention—liability of state and public bodies under EU law State intervention in the economy may interact with EU Treaty obligations, most notably the duty of loyalty under Article 4(3) TEU and Article 106 TFEU. For example, the state may incur liability under Article 4(3) TEU or Article 106(1) TFEU where its actions result in, or are likely to lead to, an infringement by an undertaking of the competition rules contained in Article 101 or 102 TFEU. Article 106(2) TFEU contains a limited exception from the TFEU rules in favour of undertakings entrusted with the operation of services of general economic interest (SGEI) or which have the character of a revenue-producing monopoly. There are also situations where the public body may itself be held to be engaging in economic activity such that it is a relevant ‘undertaking’ for the purposes of competition law. State intervention in the economy and liberalisation The ownership and delivery of public services such as energy, postal services, telecommunications and transport have undergone significant...

Sweden merger control

Sweden merger control A conversation with Peter Forsberg, partner, and Philip Thorell, managing associate in the Stockholm office of law firm Snellman, on key issues on merger control in Sweden. NOTE—to see whether notification thresholds in Sweden and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Sweden merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sweden? The Swedish merger control rules are found in the Swedish Competition Act (SFS 2008:579; Competition Act). There have been no legislative changes since 2018 when the Swedish Competition Authority (SCA) got decision-making power to prohibit mergers and clear mergers conditionally. There are, however, some legislative proposals concerning changes to the merger control rules. Firstly, in a recent proposal, the SCA may be granted the power to require companies to inform the authority of planned mergers that are not subject to mandatory notification under the Competition Act. Currently, a merger must...

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Message from CEO on introduction of competition law compliance policy

Message from CEO on introduction of competition law compliance policy Date: [insert date] From: [Insert name and job title] Competing fairly benefits both businesses and consumers. Competition shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses. Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. 1 What is competition law compliance? Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition in the markets in which they operate. All businesses must comply with competition law and there can be serious consequences for businesses and individuals for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. 2 How does this affect us? Competition law may become...