The Legal 500

Legal Developments in Sweden

• Was the contract terminated or not renewed?

  Discrimination - Equal Treatment Act A fixed-term contract was held in the circumstances to be an open-ended contract. The employer’s ‎decision not to renew was therefore held to constitute termination of employment which, due to the ‎employee’s pregnancy, was in conflict with the Danish Act on Equal Treatment of Men and Women.‎
  - Norrbom Vinding Law Firm, member of ius laboris

• Abuse of a dominant position – recent case law in Sweden

  This past year has offered some interesting cases in Sweden regarding abuse of a dominant position. In the TeliaSonera-case (cf ECJ case C-52/9) the Stockholm District Court imposed the highest fines ever ordered in Sweden, SEK 144 million (approximately EUR 15 million), for abuse of a dominant position through a margin-squeeze.
  - Delphi

• New Swedish rules proposed to make it easier to combat unlawful state aid

  In October 2011 a remit proposing a much longed-for new national act on state aid was presented. Currently Sweden has no national legislation concerning the application of the European Union’s state aid rules.
  - Delphi

• Delphi Tax Alert

  The Swedish government has proposed new legislation which will entail further restrictions regarding tax deductions for interest expenses on inter-company loans. Kindly note that the proposed legislation will broaden the definition of the term ”affiliated companies”.
  - Delphi

• The European Commission publishes proposals to update the Market Abuse Directive

  On 20 October 2011, the European Commission published two proposals intended to update and strengthen the existing framework insuring investor protection under the Market Abuse Directive (2003/6/EC) (Market Abuse Directive).
  - Delphi

• Dawn raids in Sweden during 2011

  During 2011 there have been several interesting developments as regards dawn raids and legal privilege.
  - Delphi

• Merger control in Sweden

  Despite several attempts by the Swedish Competition Authority, Swedish courts have not yet prohibited any mergers, although a number of concentrations have been subject to commitments.
  - Delphi

• EMIR – Regulating the OTC Derivates Market

  The Presidency of the Council of the European Union recently published the final compromise text of the proposed European Market Infrastructure Regulation (EMIR), which the European Parliament adopted on 29 March 2012.
  - Delphi

• Use of a competitor’s trade mark as a Google AdWord does not infringe, says Swedish court

  In one of the first Google AdWords cases to be decided in Sweden, the court finds no probable cause for trade mark infringement where a company has bought its competitor’s trade mark as a search term on Google. Counsel for the plaintiff, Gärde Wesslau’s Petter Holm, comments on the decision.
  - Gärde Wesslau Advokatbyrå

• Robert Moldén lectured in competition and public procurement law at

   the Universities of Stockholm and Gothenburg
  - Gärde Wesslau Advokatbyrå