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Antitrust litigation covers disputes about anti-competitive conduct - for example cartels, abuse of a dominant market position, and illegal resale price maintenance. In Sweden, antitrust rules are shaped by both national law and European Union competition law. Enforcement and litigation can involve administrative procedures before the national competition authority, private civil lawsuits for damages or injunctions, and, for cross-border matters, EU-level enforcement. Solna is part of the greater Stockholm area, so many enforcement bodies and specialized courts that handle competition disputes are located in Stockholm and serve companies and individuals based in Solna.
Competition law cases are factually and legally complex. You may need a lawyer if you are in any of the following situations:
- You suspect a competitor has formed a cartel or entered into anti-competitive agreements that harm your business.
- You believe a dominant company is abusing its market position to exclude you or to force unfair terms.
- You received a dawn-raid notice or are subject to a search or inspection by the competition authority.
- You want to bring a damages claim for losses caused by anti-competitive conduct.
- You need urgent interim relief, such as an injunction to stop ongoing anti-competitive conduct.
- You are negotiating settlements, commitment decisions, or leniency applications and need to protect your legal position.
- You require compliance advice to design business agreements and pricing so they comply with Swedish and EU competition law.
Key legal features relevant to antitrust litigation in Solna and Sweden include the following:
- Dual framework - Swedish competition law implements EU competition rules, so both the Swedish Competition Act and EU Treaty rules on competition can apply. If conduct affects trade between Member States, EU law will be central.
- Enforcement bodies - The Swedish Competition Authority handles investigations, can impose fines and accept commitments, and refers complex cases to specialized courts. For judicial review and private claims, specialised courts with competence over competition issues sit in the Stockholm area.
- Private enforcement - Individuals and businesses can bring civil claims for damages and injunctive relief for breaches of competition law. Proving harm and calculating damages is often technically involved, requiring economic evidence.
- Interim measures - Courts can grant preliminary injunctions or other interim relief to preserve the status quo while a dispute is resolved.
- Evidence and searches - Authorities have powers to conduct inspections and collect evidence. Businesses should be prepared for dawn-raid procedures and understand their rights and duties during inspections.
- Leniency and cooperation - Leniency policies at EU level and nationally can reduce fines for companies that cooperate with investigations, but applications must be handled carefully with legal counsel.
- Cross-border coordination - Cases that affect other EU Member States may involve the European Commission or cooperation between national competition authorities.
- Remedies and sanctions - Remedies include fines, orders to cease anti-competitive behavior, commitments, and damages awards. Criminal sanctions are not the standard tool for competition enforcement in Sweden; enforcement is primarily administrative and civil.
An anti-competitive agreement can be any arrangement between businesses that restricts competition - for example price-fixing, market allocation, production or supply limitations, or bid-rigging. Agreements can be written, oral, or implied by conduct. Whether an agreement violates the rules depends on its object or effect and on legal exemptions that may apply.
The Swedish Competition Authority is the main enforcement agency for competition law in Sweden. For judicial decisions and private litigation, specialised courts in the Stockholm area handle competition disputes. The European Commission may also enforce EU competition law where conduct affects trade between Member States.
Yes. Private parties can bring civil claims for damages caused by anti-competitive conduct. These claims require proof of the infringement, causation, and quantification of the loss. Gathering documentary and economic evidence is crucial, and cases often involve expert economic analysis.
Contact a competition lawyer immediately. You have rights during an inspection, but also obligations. Avoid deleting documents or obstructing inspectors. A lawyer can help manage the inspection, advise on privilege and confidentiality issues, and protect the company and its employees.
Duration varies widely. Administrative investigations may take months or years. Civil litigation for damages or injunctions can also be lengthy, depending on case complexity and court scheduling. Urgent interim relief can be faster, but full resolution commonly takes a long time.
Fines and sanctions focus on the nature and impact of the breach rather than solely on company size. Small businesses can face consequences, though enforcement authorities consider proportionality. Cooperation and remedial measures can influence outcomes.
Leniency programs give reduced fines to companies that confess involvement in a cartel and fully cooperate with the investigation. If your business may be involved in cartel activity, do not admit liability publicly before consulting counsel. A lawyer can advise whether a leniency application is appropriate and how to preserve the chance to benefit from it.
Damages are usually calculated by comparing the position the claimant would have been in absent the anti-competitive conduct with the actual outcome. This often requires economic and financial evidence, market analysis, and expert witness reports. Courts may award full compensation, including lost profits and certain consequential losses, depending on the evidence.
Yes. If the conduct has effects beyond Sweden or affects trade between EU Member States, EU competition law will likely apply and EU institutions may become involved. Cross-border effects can make a case more complex and may lead to parallel investigations or coordinated enforcement.
Look for lawyers or law firms with documented experience in competition and EU law. Many competition practitioners are based in Stockholm and serve clients in Solna. Ask about their experience with administrative investigations, damages litigation, interim relief, and leniency matters. Request references and discuss fee arrangements during an initial consultation.
When seeking guidance or information, these bodies and organizations can be useful:
- The national competition authority - for information on ongoing investigations, guidance documents, and leniency rules.
- Specialized courts handling competition matters in the Stockholm area - for court practice and decisions.
- The European Commission - for EU competition rules, case law, and guidance documents when conduct impacts multiple Member States.
- National bar association - to find qualified competition lawyers and check professional credentials.
- Consumer and market agencies - for market-specific guidance or if consumer harm is involved.
- International bodies such as the OECD - for comparative guidance and best practices on competition enforcement.
If you think you need legal help with an antitrust issue in Solna, consider the following practical steps:
- Act quickly - competition matters often involve strict timelines and time-sensitive evidence.
- Gather and preserve evidence - financial records, communications, contracts, invoices, and internal reports may be critical. Put a legal hold on relevant documents if appropriate.
- Arrange an initial consultation with a competition law specialist - discuss facts, possible remedies, risks, and procedural options.
- Consider interim relief - if ongoing conduct threatens irreparable harm, ask your lawyer about emergency court measures.
- Evaluate reporting or cooperation options - if authorities are investigating, your lawyer will advise on whether to cooperate, apply for leniency, or defend the company.
- Plan for costs - antitrust litigation and investigations can be expensive. Discuss fee structures, funding options, and potential recovery of costs if you are a successful claimant.
- Keep communication narrow - avoid public statements about the dispute that could affect legal positions or attract regulatory attention.
Obtaining tailored legal advice early will help you assess options and protect your interests effectively in antitrust matters in Solna and the wider Swedish and EU legal context.
