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ARTICLE · 19 SEPTEMBER 2003

Swedish Competition Law Update

SwedenAntitrust/Competition Law
1. The Competition Act

The national Swedish competition/antitrust rules are contained in the Competition Act (Konkurrenslagen, 1993:20). The Competition Act was enacted in 1993 and completely changed Swedish competition law. At the time, Sweden was not a member of the European Community/European Union, but was just becoming a member of the EEA (and later became an EU member state in 1995). The Competition Act is to a large extent modelled on the corresponding EC rules, and it is explicitly stated in the preparatory works that developments under EC competition law, including the case law of the EC Court of Justice, should be followed to the extent possible.

The Competition Act contains two basic prohibitions, one against anti-competitive agreements and one against abuse of a dominant market position. These two prohibitions are identical with Articles 81 and 82 of the EC Treaty, save for the requirement under the EC rules that trade between member states must (at least potentially) be

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