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Glader, Marcus; Alstergren, Peter --- "Sweden" [2010] ELECD 762; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 22

Section Title: Sweden

Author(s): Glader, Marcus; Alstergren, Peter

Number of pages: 19

Extract:

22 Sweden
Marcus Glader1 and Peter Alstergren2


Introduction
Since 1993, the Swedish Competition Act has expressly provided that private parties may
bring damages claims for competition law violations. This damages provision has not
only survived subsequent legislative amendments, it has also been modified to increase
the possibilities of bringing such actions. In 2003, Sweden also enacted the Group
Proceedings Act, which allows private group actions for damages.
Despite these legislative tools, private damages case law based on competition law
violations remains very sparse. Most of the few private damages cases that have made
it to court have been settled out of court.3 At present only a single case, which related
to an abuse of a dominant position, has resulted in court-awarded damages under the
Competition Act's damages provision (currently under appeal). However, a number
of damages actions based on cartel violations are pending, and many expect private
damages to play a more important role in the future.
This chapter outlines the Swedish legislative framework for private enforcement of
competition law, discusses the interaction between public and private competition law
enforcement, and describes the types of private actions (including group actions) that
are available. Practical considerations relating to gathering evidence, standards of proof
and the determination of damages are also addressed. Finally, we conclude by comment-
ing on the European Commission's (Commission) recent regulatory initiatives from a
Swedish perspective.

1. The role of attorneys
There are no general limitations under the Code of Conduct of the Swedish ...