Simplified procedure for merger notifications in Sweden

28 July 2006

Henrik Nilsson, Josefine Jonsson

May 2006

On 2 May 2006 the Swedish Competition Authority announced that it has simplified the procedure for notifying concentrations. In addition to Sections 37-37a of the Swedish Competition Act, the procedure is regulated by the Competition Authority’s regulation KKVFS 2006:3. This regulation contains, inter alia, the form for the notification and a specification of the information that needs to be submitted for a notification to be complete.

The Authority has somewhat eased the burden of information to be submitted in the notification. Certain types of information are no longer required, however a new requirement is that the parties involved in the concentration have to provide estimates of their market share on markets affected by the concentration. Before, this type of information had to be submitted only by the undertakings concerned.

Another change is that appendices to the notification may now be submitted electronically. Only the form, which needs to be signed by a representative of the notifying party or parties, has to be submitted by post.

If the notification is submitted on behalf of the notifying party, ie by legal counsel, the notification will not routinely need to include a power of attorney. The Competition Authority does reserve the right to request one.

The Competition Authority has expressed its wish to make decisions in merger cases more quickly. As the decision is based on how the concentration affects the relevant market, the Authority expects to be helped by the submission of market shares of all parties involved.

At the same time, the Competition Authority also revoked its Guidelines on the concept of a concentration, the concept of undertakings concerned, the concept of full-functioning joint ventures and the concept of the calculation of turnover. The Guidelines were based on the corresponding notices by European Commission and provided no additional information of their own. The Competition Authority decided that separate national Guidelines were no longer necessary.

The streamlining takes place in the context of reviewing the substantive provisions in the Competition Act concerning concentrations. In 2004 a government committee was appointed to, inter alia, review the provisions given that EC Merger Regulation 139/2004 was coming into force. The committee is expected to present its conclusions and proposals in this regard in November 2006.

Source: Competition Authority Press Release (Swedish only) http://www.kkv.se/ovr/anmala_foretagskoncentrationer.shtm

The Competition Authority maintains a web page on merger control in English: http://www.konkurrensverket.se/eng/competition/merger_control.shtm