Competition rules of the EU

Since January 1, 1995 Sweden is a member of the European Union. As the competent national authority in competition matters, the Authority takes part in the decision-making process in the European Commission.

The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in the Articles 101 and 102 TFEU. There are also rules on control of mergers as well as legislation in the form of, inter alia, implementing regulations and block exemptions. The EU rules of competition are applicable to cross-border trade, i.e. trade between EU member states.

The EU competition rules apply as Swedish law in parallel to Swedish competition legislation. If a restriction on competition has effects on trade within Sweden, the Swedish Competition Act is applicable.

Agreements between undertakings operating only on the Swedish market can also be examined under the EU competition rules if they e.g. hinder imports.

EU cases are handled and decided on by the European Commission. Decisions can be appealed to the Court of First Instance. The European Court of Justice is the final court of appeal.