Competition & Antitrust, Sweden updates

No fines for Swedish Match
  • Sweden
  • 09 August 2018

The Patent and Market Court of Appeal recently overturned a Patent and Market Court judgment relating to Swedish Match's marketing conduct for snus products. While the Tobacco Act restricts the way snus may be marketed (eg, marketing may not invite the use of tobacco or be intrusive), the court found that Swedish Match had objective reasons that were also proportionate when introducing its labelling system.

Supreme Court to try limitations on judicial review of admissible evidence
  • Sweden
  • 10 May 2018

Under the Competition Act, claims that a document is covered by legal privilege may be assessed by the courts. However, no equivalent possibility of judicial review exists for documents that allegedly fall outside the scope of dawn raid warrants. The question remains as to whether the lack of judicial review of such decisions is compatible with the European Convention on Human Rights and EU law.

No damages for margin squeeze in follow-on claim
  • Sweden
  • 25 January 2018

In December 2017 the Svea Court of Appeal dismissed an abuse of dominance damages claim against Telia Company AB. In 2013 Telia was fined for abusing its dominant position in the asymmetric digital subscriber line market by applying a margin squeeze on its competitors. Earlier in 2017 a follow-on claim by telecoms operator Yarps, based on the same infringement, was rejected by the Svea Court of Appeal.

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