Advokatfirman Fylgia KB > Stockholm, Sweden > Firm Profile

Advokatfirman Fylgia KB
NYBROGATAN 11
PO BOX 55555
102 04 STOCKHOLM
Sweden

Sweden > Insolvency Tier 2

Advokatfirman Fylgia KB’s insolvency and restructuring practice has considerable experience handling domestic and international matters, including actions for recovery and disputes concerning liability of payments. The team is particularly strong in the aviation and medtech sectors. With nearly two decades of experience in the field, including as a bankruptcy administrator, Jakob Callmander leads the group; he has recently advised several creditors in relation to defaults, the acceleration of bonds and the enforcement of pledges. Mathias Winge offers considerable expertise in cross-border matters, both in and out of court, to secured and unsecured creditors; he also specialises in assisting overseas clients with the liquidation of Swedish subsidiaries.

Practice head(s):

Jakob Callmander

Other key lawyers:

Mathias Winge; Thomas Ehrner

Testimonials

‘This is a large and experienced team, well known to the market. They are mostly active in domestic and local cases.’

‘Mathias Winge has a strong commercial sense and always tries to find a solution.’

‘Jakob Callmander is easy to work with and pragmatic.’

‘Thomas Ehrner and Mathias Winge are highly experienced and competent lawyers.’

‘Mathias Winge is an experienced bankruptcy administrator with special knowledge of real estate insolvency.’

‘As a firm they are among those in Sweden with the most official receivers in terms of sheer numbers.’

‘Fylgia is quick to take relevant actions when needed. They have a pragmatic approach to solving problems.’

‘Their lawyers have a down-to-earth and hands-on approach.’

Key clients

Scandinavian Credit Fund I AB

Intertrust AB (Sweden)

Fudd Finans AB

Finserve Nordic AB

Work highlights

  • Appointed official receiver to Campadre Scandinavia AB, an online dealership for consumer goods.
  • Appointed official receiver to Best of Brands Scandinavia AB, an online retail dealership for high-end fashion.

Sweden > Public procurement Tier 2

Advokatfirman Fylgia KB’s public procurement team assists both suppliers and public authorities in relation to contentious and non-contentious matters, including tendering, contract negotiations, and litigation concerning judicial reviews and damages claims. The group is especially experienced in the construction, IT, telecoms, transport infrastructure and defence sectors. Markus Garfvé, who has experience representing both public and private entities, leads the team alongside M&A specialist Fredrik Winroth. Associates Bjorn Karlsson and Jesper Linder, who have electronic communications and infrastructure sector expertise respectively, also play key roles in the department.

Practice head(s):

Markus Garfvé; Fredrik Winroth

Other key lawyers:

Bjorn Karlsson; Jesper Linder; Mikael Ericson

Testimonials

‘Fylgia does an excellent job across the board. Their professionalism and know how, clear communication and the fact they stick to deadlines is invaluable.’

‘Markus Garfvé is among the best in the field. He is super knowledgeable, reliable and strategic when its comes to commercial interests.’

‘Fredrik Winroth is very experienced and is able to deliver on strategy. He is effective in a management role.’ 

‘Jesper Linder is great at always delivering high-quality legal advice on time.’

‘Mikael Ericson has a very strong ability to create and then explain legal products and as well as handle long-term case strategy. His communication skills are excellent.’

‘Markus Garfvé is quick, responsive and very skilled in identifying clients’ needs.’

‘Fredrik Winroth is a key player in this space. He is always available and to the point.’

‘An extremely dedicated team that works very thoroughly to find favourable solutions to clients’ challenges.’

Key clients

Cabonline Group AB

ByggPartnerGruppen AB

Eterne AB

Visita

Beckman Coulter

Svenska Kraftnät (Swedish National Grid)

Consid AB

Egencia Sweden AB

Movare AB

Arthrex AB

Work highlights

  • Representing SBT Sverige AB in its contractual dispute with Region Stockholm regarding subway extension project in Stockholm, a SEK2bn project.
  • Successfully advised Svenska Kraftnät on two review procedures critical for Swedish energy supply.
  • Successfully advised Cabonline Group on a review procedure and claim for damages of SEK40m against Ängelholm’s municipality.

Sweden > Data privacy and data protection Tier 3

Advokatfirman Fylgia KB’s commercial tech and data department has considerable experience advising blue-chip clients in the IT and telecoms, construction, retail, marketing, fashion and entertainment sectors, among others, on data protection and privacy matters, including GDPR compliance issues and personal data processing work. Martin Gynnerstedt heads up the practice.

Practice head(s):

Martin Gynnerstedt

Testimonials

‘A reliable team with a thorough understanding of local and international laws.’

‘Martin Gynnerstedt is an excellent adviser within the field of GDPR. He is very efficient and has very good knowledge within his field. Furthermore he has an excellent commercial approach.’

‘Martin Gynnerstedt delivers on time and provides innovative solutions to complicated questions. He is excellent.’

‘The team consists of smart and efficient lawyers.’

‘The team has a quick grasp of key commercial and legal issues.’

‘A good team with a high level of knowledge.’

‘They team is incredibly fast to get back to clients and offer a simply exceptional service.’

Key clients

ID06 AB

Bring Shelfless Nordic AB

Svenska Kraftnät

Glow Technology AB

Mavenoid AB

Beijer Byggmaterial Aktiebolag

Cabonline Group AB

Egencia Sweden AB

PCTEL, Inc.

DC Training Sweden AB

Work highlights

  • Advised Beijer Byggmaterial Aktiebolag on a compliance project with the focus on reviewing privacy documentation.
  • Advised Bring Shelfless Nordic AB on data privacy and data protection compliance matters related to its services offering.
  • Advised DC Training Sweden AB on ensuring the data privacy and data protection-compliant implementation of a new technology platform.

Sweden > IT and telecoms Tier 3

The team at Advokatfirman Fylgia KB handles the full spectrum of outsourcing, procurement, and regulatory matters, and acts for clients in a broad range of sectors, including construction, logistics, retail, fashion, and entertainment. The 'exceptional' Martin Gynnerstedt heads up the practice; senior associate Bjorn Karlsson has extensive experience in advising on IT and IP work, as well as data privacy and protection issues.

Practice head(s):

Martin Gynnerstedt

Other key lawyers:

Björn Karlsson

Testimonials

‘Incredibly efficient and high quality of advice. ’

‘Martin was my main point of contact, and the speed at which he worked and quality of his advice was exceptional.’

Key clients

ID06 AB

Vaultit AB

Sinch AB

Mediamätning i Skandinavien AB

Egencia Sweden AB

Bring Shelfless Nordic AB

Mavenoid AB

Svenska Kraftnät

iBinder AB

Glow Technology AB

Work highlights

  • Advised Mediamätning i Skandinavien AB on several technology contractual matters.
  • Advised Glow Technology AB in its European expansion.
  • Advised Bring Shelfless Nordic AB on negotiations for an e-commerce cooperation agreement with a major e-commerce company.

Sweden > Commercial, corporate and M&A Tier 5

Advokatfirman Fylgia KB’s M&A team primarily handles small- and mid-cap transactions, with particular strength in the industrial and tech sectors. Practice head Mattias Larsson maintains a broad client base that includes several IT and SaaS companies.

Practice head(s):

Mattias Larsson

Other key lawyers:

Fredrick Winroth

Testimonials

‘Mattias Larsson is an exceptional attorney who maintains an up-to-date and comprehensive understanding of all relevant fields. His impressive negotiation skills, especially during SPA discussions, strike an ideal balance between assertiveness and collaboration, ensuring mutually beneficial outcomes.’

‘Fredrick Winroth is very approachable, easy to work with and helpful in dealing with and resolving issues.’

‘Mattias is always available and extremely competent and effective. He never disappoints in any regards.’

‘An experienced law firm.’

‘The team has a very high level of competence.’

Key clients

Visma AS

Colosseum Smile AB

Mavenoid

Beijer Byggmaterial AB

Bright Sunday

Cabonline

ID06

PCTEL Inc.

International Forest Products (Part of the Kraft Group)

Cloudflight

Work highlights

  • Advised Visma on the acquisitions of Flex Applications and TooEasy.
  • Advised the founders on the sale of Bright Sunday to Niam.
  • Advised the founders on the sale of Quality Sourcing to emagine.

About Fylgia: For over thirty years, Fylgia has provided high quality legal advice to Swedish and international businesses. Our name is inspired by Norse mythology, where a fylgja is a supernatural being or spirit which accompanies a person and provides good-luck in connection to their fate or fortune.

Founded in 1986, Fylgia now has approximately 70 employees. In the beginning we were a boutique firm for insolvency and real estate law. Today we are a full-service law firm with exceptional talents in all practice areas. Our strategy is to recruit senior specialists with proven track-record from their practice area.

Fylgia’s promise: As a mid-size law firm we are big enough to handle large assignments but still small enough to offer personal commitment and relationships.

Our unique selling point is that we provide senior and knowledgeable lawyers in each case and to each client.

Our strategy of guaranteeing senior attention and recruiting senior specialists has resulted in multiple awards as Swedish Law Firm of the Year as well as rankings in The Legal 500.

Areas of practice: Fylgia is a full-service law firm, which means that we offer advise in all areas within Swedish business law. The firm’s specialists from different practice groups often work together. Many have experience as legal counsels, court clerks and/or work within the public sector.

Fylgia’s areas of expertise consist of: M&A, commercial real estate, competition and public procurement, insolvency, dispute resolution, employment, intellectual property, media and IT law, and corporate internal investigations.

Department Name Email Telephone
Head of Public Procurement Fredrik Winroth fredrik.winroth@fylgia.se +46708312548
Head of Commercial Tech (IT, IP, GDPR) Martin Gynnerstedt martin.gynnerstedt@fylgia.se +46720505795
Head of M&A Mattias Larsson mattias.larssson@fylgia.se +46721458229
Head of Insolvency Jakob Callmander jakob.callmander@fylgia.se +46704946499
Photo Name Position Profile
Anders Aspegren photo Adv Anders Aspegren Partner. Anders mainly works with company law and company start-ups, mergers and…
Lisse-Lotte Bolin photo Adv Lisse-Lotte Bolin Attorney-at-law. Lisse-Lotte mainly works with General Company Law and Setting Up a…
Inger Byman photo Adv Inger Byman Partner.  Inger works mainly with property and environmental law.
Jakob Callmander photo Adv Jakob Callmander Partner. Jakob mainly works with bankruptcy, company law, mergers and acquisitions, reconstructions…
Anders Flinck photo Adv Anders Flinck Partner. Anders mainly works with securities law, franchise law and dispute resolution.
Markus Garfvé photo Adv Markus Garfvé Partner. Markus is mainly working in the area of pubilc procurement and…
Martin Gynnerstedt photo Adv Martin Gynnerstedt Partner. Martin mainly works with Commercial Tech and IP.   Career
Mattias Larsson photo Adv Mattias Larsson Equity partner, Head of M&A. Mattias mainly works in the areas of…
Åsa Lennmor photo Adv Åsa Lennmor Partner. Åsa mainly works with property law, housing law, landlord-tenant law, company…
Göran Mandorff photo Adv Göran Mandorff Partner. Göran mainly works with bankruptcy, liquidation, mergers and acquisitions, reconstructions and…
Josefin Müntzing Alm photo Adv Josefin Müntzing Alm Partner. Josefin mainly works with insolvency, bancruptcy and liquidations.
Johan Norén photo Adv Johan Norén Johan is a partner and works primarily with bankruptcies, corporate restructurings, corporate…
Lars Nylund photo Adv Lars Nylund Partner. Lars mainly works with reconstructions, bankruptcy and dispute resolution.
Johan Obel photo Mr Johan Obel Attorney-at-law. Johan mainly works with mergers and acquisitions, buying and selling properties…
Johan Sandberg photo Adv Johan Sandberg Partner. Johan mainly works with dispute resolution, insolvency law, insurance and damages,…
Fredrik Sarman photo Adv Fredrik Sarman Partner. Fredrik mainly works with company law, mergers and acquisitions, employment law.
Bo Söder photo Adv Bo Söder Partner. Bo mainly works with bankruptcy, liquidation and dispute resolution.
Åsa Thorell Hejdenberg photo Adv Åsa Thorell Hejdenberg Partner. Åsa mainly works with company law, franchise law, mergers and acquisitions…
Martin Wiklundh photo Adv Martin Wiklundh Parner. Martin mainly works with property and environmental law, litigation, consultant law…
Mathias Winge photo Adv Mathias Winge Partner. Mathias Winge acts as an adviser in financial crises and have…
Fredrik Winroth photo Adv Fredrik Winroth Managing partner. Fredrik mainly works in the area of public procurement, EU-and…
English (fluent)
Swedish
German
French

Public Procurement in Sweden

Public procurement in Sweden is undergoing significant transformation, driven by a mix of emerging trends and ongoing challenges. Annually accounting for approximately 20 percent of Sweden’s GDP and involving contracts valued over SEK 800 billion, public procurement is critical for the functioning of government agencies, regions, municipalities, and certain private companies. Each year, over 17,000 public procurements are announced in Sweden.[1]

 

Current Landscape and Issues

Despite the high volume of procurements, the processes are often perceived as inefficient and fraught with regulatory shortcomings, leading to a growing number of appeals. In 2023, a record 3,942 appeals were filed, reflecting a 17 percent increase compared to the previous year.[2] This trend underscores significant shortcomings in procurement regulations and highlights the need for continuous improvement and adaptation.

To address these issues, several legal changes have been introduced in recent years, reinforced by assertive interpretations from the Supreme Administrative Court. Reforms include the introduction of exclusion deadlines for new circumstances and an obligation for suppliers to point out issues during the question/answer process in procurement. These measures aim to enhance suppliers’ ability to promptly identify deficiencies in procurement documents and evaluate submitted bids accurately.

 

Impact on Competition

The high demands placed on suppliers, combined with underdeveloped purchasing organizations, have led to a decrease in the number of bids per procurement. This decline has resulted in less competition and higher prices for procuring organizations. To counter this trend, several larger purchasing organizations, including the Swedish Transport Administration, are making systematic efforts to attract foreign suppliers, especially for large and complex infrastructure projects planned in the coming years.

Efforts to attract foreign suppliers include conducting procurements partly in English and harmonizing contract terms with international standards, particularly within the construction sector. Such measures are designed to make the Swedish procurement market more accessible and attractive to international companies, thereby increasing competition and potentially lowering costs.

 

Review of Exemptions in Real Estate and Construction

The Swedish Competition Authority has focused extensively on investigating and addressing deficiencies in the application of exemptions from procurement obligations, particularly concerning agreements related to the real estate and construction sector. Issues such as the application of the lease exemption (Article 10.a of Directive 2014/24/EU) and the construction commitments in lease agreements have been scrutinized.

In response to potential misuse of these exemptions, the Swedish Competition Authority has applied for procurement fines against large public organizations, including the National Courts Administration. This scrutiny aims to ensure compliance and proper application of procurement regulations, particularly in the construction sector.

 

Key Trends

The evolving landscape of public procurement in Sweden underscores the necessity for continuous improvement and adaptation. Key trends driving this evolution include:

  • Sustainability and ESG: Environmental, social, and governance (ESG) considerations are becoming integral to procurement processes. Public organizations are setting ambitious goals to achieve net zero emissions, making sustainable procurement practices essential.
  • Technology and AI: Advanced technologies such as AI are being adopted to enhance transparency, efficiency, and decision-making capabilities. Generative AI, in particular, is seen as a significant leap forward in managing procurement processes and compliance.
  • Legal and Regulatory Changes: New regulations and stricter interpretations by courts are pushing suppliers to improve their processes and compliance, aiming to reduce the number of procurement-related appeals.
  • Foreign Supplier Engagement: Efforts to attract foreign suppliers through language inclusivity and international standardization are aimed at increasing competition and improving procurement outcomes.

 

Decrease in Number of Bidders

The number of bids per public procurement continues to decrease in Sweden, leading to reduced competition, higher bid prices, and ultimately poorer outcomes for public entities. In 2022, an average of 4.4 bids were submitted per procurement, compared to 5.5 the previous year. Particularly concerning is that in one out of every five procurements, only one bid is submitted.[3]

Larger public procurers are taking significant measures to both increase the attractiveness of the contracts being procured and to enhance the interest of foreign entities in submitting bids in Sweden. This includes organizing tender meetings, conducting more procurements partially in English, and harmonizing contract terms to some extent with international standards.[4]

 

Increasing Number of Appeals

The number of appeals is rising to new record levels – in 2023, a total of 3,942 appeals were made. This is despite the increased requirements placed on suppliers to independently identify and point out deficiencies in the procurement documents and the procuring organization’s evaluation of submitted bids.

In 2023, the administrative courts decided on 2,878 cases of procurement appeals. In just over 9 percent of the cases, the applicant for the appeal was granted the appeal in whole or in part. In about 57 percent of the cases, the court conducted a substantive review but rejected the appeal. 35 percent of the cases were decided in the administrative courts without a substantive review. In the 775 appeal cases decided in the administrative courts of appeal in 2023, the administrative court’s judgment or decision was completely or partially changed in about 25 percent of the cases.[5]

 

Major Infrastructure Investments in the Near Future

Sweden is poised for substantial infrastructure investments in the near term. The Swedish Transport Administration plans to conduct over 800 procurements for maintenance and new construction projects over the next six years. This effort is part of a broader initiative to address the country’s significant maintenance backlog and to expand its infrastructure to meet future needs.[6]

In addition to the Swedish Transport Administration’s projects, other public entities such as Svenska Kraftnät and Region Stockholm are also gearing up for extensive infrastructure expansions. Svenska Kraftnät, responsible for the national grid, is planning major upgrades to ensure reliable and sustainable energy distribution. Similarly, Region Stockholm is initiating projects to enhance the region’s transportation network, including expansions to metro and commuter rail services.

These initiatives are critical as Sweden works to modernize its infrastructure, improve connectivity, and support sustainable development goals. The investments are expected to enhance economic growth, create jobs, and improve the quality of life for Swedish citizens.

 

Focus on Sustainability, ESG, Technology, and AI

Environmental, social, and governance (ESG) considerations are becoming integral to procurement processes. Many public organizations are setting ambitious goals to achieve net zero emissions, making sustainable procurement practices not just desirable but essential. This affects the design of virtually all ongoing and upcoming procurements and places higher demands on suppliers to meet these high standards.

Alongside sustainability and ESG, we are broadly seeing an adoption of advanced technologies such as artificial intelligence (AI) by both public procurers and their suppliers. These technologies are enhancing transparency, efficiency, and decision-making capabilities. Generative AI, in particular, is viewed as a significant leap forward, helping private actors scrutinize public entities by gaining actionable insights – something anticipated to lead to more challenges and appeals against unauthorized direct procurements in the coming years.

 

Authors

Fredrik Winroth

 

Markus Garfvé

 

Jesper Linder

 

Footnotes

[1] https://www.upphandlingsmyndigheten.se/statistik/

[2] https://www.upphandlingsmyndigheten.se/statistik/rattsfallsstatistik/antalet-overprovningsmal-okar-2023/#kammarratterna_andrade_utgangen_i_25_procent_av_malen

[3] https://www.upphandlingsmyndigheten.se/nyheter/2023/farre-anbud-i-offentliga-upphandlingar/

[4] Trafikverkets arbete med strategiska offentliga inköp, June 2020.

[5] https://www.upphandlingsmyndigheten.se/statistik/rattsfallsstatistik/antalet-overprovningsmal-okar-2023/#kammarratterna_andrade_utgangen_i_25_procent_av_malen

[6] Trafikverkets Inköpstidplan, updated on May 1, 2024.