Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
Sweden

Answer ... As stated above, there are no automatic sanctions for implementing a transaction prior to obtaining clearance and there are thus no automatic sanctions for a failure to notify. However, the Competition Authority has the power to order the parties to notify the transaction, subject to a fine.

For more information about this answer please contact: Christina Mailund from Kastell Advokatbyrå AB
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
Sweden

Answer ... The merger control legislation stipulates that the parties may not take any steps to complete a notified concentration prior to clearance. There are no automatic sanctions for implementing the transaction during the review period, but the Competition Authority has the power to order that the parties respect the suspension requirement, subject to a fine.

For more information about this answer please contact: Christina Mailund from Kastell Advokatbyrå AB
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
Sweden

Answer ... Remedies are monitored by the Competition Authority. As mentioned above, negotiated remedies could be subject to a penalty fine for default. Such penalty fines have ranged from SEK 10 million to SEK 100 million

For more information about this answer please contact: Christina Mailund from Kastell Advokatbyrå AB