Sweden merger control
Produced in partnership with Roschier
Sweden merger control

The following Competition practice note produced in partnership with Roschier provides comprehensive and up to date legal information covering:

  • Sweden merger control
  • 1. Have there been any recent developments regarding the Sweden merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sweden?
  • 2. Under Swedish merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the SCA?
  • More...

Sweden merger control

A conversation with Kristian Hugmark, partner, and Kristin Heilborn, senior associate in the Stockholm office of regional law firm Roschier, Attorneys Ltd. on key issues on merger control in Sweden.

NOTE–to see whether notification thresholds in Sweden and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Sweden merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sweden?

Swedish merger control rules are included in the Swedish Competition Act (2008:579) (the Competition Act).

On 1 January 2018, an amendment of the Competition Act came into force which increases the decision-making powers of the Swedish Competition Authority (SCA), in particularly by allowing the SCA to prohibit and impose conditions on mergers without having to go to court. Previously, the SCA had to file an application with a court, and only the court had the power to prohibit or condition mergers. The SCA has also updated its merger review guidelines based on the amended legislation.

Since the SCA’s increased decision-making powers in merger cases are still new, the ‘hot’ merger control topic relates to how these powers will be exercised in practice. Similarly, court review will show whether the SCA's decisions will withstand examination in the appeal courts, especially as regards the burden that is imposed on the

Related documents:

Popular documents