OVERVIEW OF RECENT PRIVATE ANTITRUST LITIGATION ACTIVITY

The Competition Damages Act entered into force on 27 December 2016 in Sweden. The Act governs actions for damages for infringements of competition law provisions and implements the EU Damages Directive.

The purpose of the legislation is to facilitate companies’ and consumers’ ability to claim compensation for competition damages. The legislation clarifies liability, limitation periods, compensation, right of recourse, the passing-on defence, disclosure and other procedural issues.

In June 2017, the Svea Court of Appeal delivered its judgment in one of the two follow-on damages cases brought against the telecommunications incumbent Telia (formerly TeliaSonera), which in 2013 was found to have abused its dominant position through margin squeeze. The Court found that the claimant Yarps had not proven that Telia’s conduct had had anticompetitive effects on the wholesale market. Consequently, the Court dismissed the case and the damages awarded at first instance. Judgment in the other follow-on damage claim brought by Tele2 against Telia was delivered in December 2017. The Svea Court of Appeal also dismissed this case and the damages awarded in the first instance and held that Tele2 had not shown that Telia’s abuse of its dominant position had resulted in the damages Tele2 had claimed. Both judgments have been appealed to the Supreme Court.

In addition to the above-mentioned cases, there are several other private enforcement cases pending before or having recently been settled before the Patent and Market Court (the court of first instance). Four of the pending cases concern abuse of a dominant position, one of which also involves a claim for damages, and one case concerns anticompetitive agreements.

Article in Private Competition Enforcement Review.

Authors, Fredrik Lindblom and Elsa Arbrandt.

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