An increased decision-making power for the Swedish Competition Authority (SOU 2016:49)
IT&Telecom companies have responded to the consultation
On April 30, 2015, the Government decided to commission a special investigator to investigate the conditions for giving the Swedish Competition Authority increased decision-making powers regarding sanctions and mergers. The investigation into increased decision-making powers for the Swedish Competition Authority has now submitted its report.
Sweden is becoming more integrated with the rest of the world every year and production is becoming increasingly internationalized. Companies are increasingly selling goods and services across national borders. This leads to increased trade, productivity and growth. Trade in goods and services in digital environments enables producers in other countries to directly reach consumers in Sweden to an almost unlimited extent.
The inquiry's task has therefore been to analyze the conditions for, the need for and the appropriateness of increased decision-making power for the Swedish Competition Authority in cases concerning sanctions against unlawful cooperation, abuse of a dominant position and prohibitions or obligations in respect of concentrations.
The inquiry proposes that the Swedish Competition Authority, as the first instance, should be able to make decisions in cases concerning sanctions against unauthorized cooperation, abuse of a dominant position and prohibitions or obligations regarding concentrations. The inquiry proposes that the Swedish Competition Authority continue to be a unilateral authority. The internal organization should be a matter for the Authority.
The report proposes that the amendments to the legislation should enter into force on January 1, 2018.