WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINI1/SWE/O/2 
29 April 1996 
(96-1638) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Sweden 
The present document reproducesl the Swedish Competition Act (1993:20), as notified by Sweden 
under Article 63.2 of the Agreement (see document IP/N/l/SWE/1). 
Conseil des aspects des droits de propriete 
inteUectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le textel de la Loi sur la concurrence (1993:20), notifiee par 
la Suede au titre de l'article 63:2 de l' Accord (voir le document IP/N/l/SWE/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce 1 la Ley sueca sobre la Competencia (1993 :20), notificada 
por Suecia de conformidad con el par-rafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/l/SWE/I). 
lEnglish only/anglais seulementlingles solamente. IP/N/lISWE/O/2 
Page 2 
Swedish Competition Act 
Promulgated January 14, 1993 (1993:20) 
Introductory provisions 
Section 1 The purpose of this Act is to eliminate and 
counteract obstacles to effective competition in the field of 
production of and trade in goods, services and other products. 
Section 2 This Act shall not apply to agreements between 
employers and employees relating to wages and other conditions 
of employment. 
Section 3 (1) For the purposes of this Act an undenaking 
shall be defmed as a natural or legal person engaged in 
activities of an economic or commercial nature. To the extent 
that such activities involve the exercise of authority they 
shall not fall within the scope of this defmition. 
(2) The tenn undertaking shall also include 
associations of undertakings. 
(3) The provisions of the Act relating to 
agreements shall also apply to: 
1. decisions by an association of undertakings; and 
2. concerted practices of undertakings. 
Section 4 (1) For the purposes of this Act the acquisition 
of an undenaking shall be defmed as the acquisition of an 
undertaking established in this country. The defmition shall 
also include acquisitions of separate business activities and 
mergers. 
(2) An acquisition where the ownership of an 
undertaking or a business activity is not transferred in toto 
shall be deemed to be an acquisition of an undertaking within 
the meaning of this Act only if the acquisition enables the 
purchasing party to exercise a decisive influence over the 
undertaking or business activity. . 
Section 5 (1) Where both the provisions of this Act and the 
competition rules laid down in the European Economic Area 
(EEA) 
Act (1992:1317) are applicable in an individual case, 
decisions taken in pursuance of this Act must be compatible 
with the said provisions. 
(2) This Act shall not be applicable to the fixing 
of prices referred to in the European Coal and Steel Community 
Act (1972:762) if this conflicts with the tenns of agreements 
provided for in section 1 of that Act. Prohibited restrictions on competition 
Anti-competitive cooperation between undenakings IP/N/lISWE/O/2 
Page 3 
Section 6 (1) Without prejudice to decisions taken pursuant 
to section 8 or 15 or to section 13 or 17, agreements between 
undertakings shall be prohibited if they have as their object 
or effect the prevention, restriction or distortion of 
competition in the Swedish market to an appreciable extent. 
(2) This shall apply, in particular, to agreements 
which: 
1. directly or indirectly fix purchase or selling prices or 
any other trading conditions; 
2. limit or control production, markets, technical 
development, or investment; 
3. share markets or sources of supply; 
4. apply dissimilar conditions to equivalent transactions 
with other trading parties, thereby placing them at a 
competitive disadvantage; or 
5. make the conclusion of contracts subject to acceptance by 
the other parties of supplementary obligations which, by their 
nature or according to commercial usage, have no connection 
with the subject of such contracts. 
Section 7 Any agreements or provisions included in 
agreements that are prohibited under section 6 shall be void. 
Decisions on exemptions 
Section 8 (1) The Swedish Competition Authority may in 
individual cases grant an exemption from the prohibition laid 
down in section 6 where an agreement: 
1. contributes to improving the production or distribution of 
goods or to promoting technical or economic progress; 
2. allows consumers a fair share of the resulting benefit; 
3. only imposes on the undertakings concerned restrictions 
which are not indispensable to the attainment of the objective 
referred to in point 1; and 
4. does not afford such undertakings the possibility of 
eliminating competition in respect of a substantial proportion 
of the products in question. 
Section 9 (1) If an undertaking wishes to obtain an 
exemption under section 8, it shall notify the agreement to 
the Swedish Competition Authority. 
(2) The Swedish Competition Authority may not 
take a decision on exemption until the undertaking has submitted 
such a notification. 
Section 10 (1) Decisions on exemptions under section 8 shall 
specify the date from which the exemption shall take effect. 
This date may be earlier than the date of the decision. 
(2) The decision shall be issued for a specifted 
period and conditions and obligations may be attached thereto. IP/N/lISWE/O/2 
Page 4 
Section 11 A decision on exemption under section 8 may be 
renewed if the requirements set forth therein continue to be 
satisfied. 
Revocation or amendment of decisions on exemption 
Section 12 (1) The Swedish Competition Authority may revoke 
or amend its decision on exemption where: 
1. there has been a change in any of the facts which were 
basic to the making of the decision; 
2. the parties commit a breach of any obligation attached to 
the decision; 
3. the decision is based on incorrect or misleading 
information; or 
4. the parties to whom the decision applies abuse the 
exemption. 
(2) In cases to which points 2, 3 or 4 apply, the 
decision may be revoked with retroactive effect. 
The granting of exemptions where no decision is issued within 
a specified period 
Section 13 (1) If the Swedish Competition Authority does not 
take a decision relating to a notification submitted in 
accordance with section 9 within three months of the date of 
receipt, an exemption from the prohibition laid down in 
section 6 shall be deemed to have been granted in conformity 
with the notification for a period of five years from the date 
of conclusion of the agreement. 
(2) The above provision shall not apply in cases 
where the Swedish Competition Authority within the three 
months period opposes the agreement. 
Section 14 The Swedish Competition Authority may revoke 
an exemption granted under section 13 if the agreement has 
effects that are incompatible with section 8. 
Exemptions granted by the Stockholm City Coun 
Section 15 In examining an obligation imposed under 
section 23 the Stockholm City Court may, at the request of a 
party, grant an exemption pursuant to section 8 in respect of 
an agreement which is prohibited under Section 6 but satisfies 
the requirements for an exemption under section 8. Section 10 
shall be applicable in such cases. 
Section 16 The Swedish Competition Authority may renew, 
revoke or amend a decision taken pursuant to section 15. 
Sections 11 and 12 shall be applicable in such cases. Block exemptions IP/N/1/SWE/O/2 
Page 5 
Section 17 (1) Exemptions from the prohibition contained in 
section 6 shall apply to categories of agreements that satisfy 
the conditions specified in section 8 (block exemptions). 
(2) The categories of agreements referred to in 
subsection (1) shall be specified in implementing provisions 
by the Government or an authority so empowered by the 
Government. 
(3) Agreements which are eligible for a block 
exemption need not be notified in accordance with section 9 
for the purpose of obtaining an exemption. Such agreements 
may, however, be notified. 
Section 18 
withdraw The Swedish Competition Authority may 
the benefit of a block exemption if the agreement has effects 
that are incompatible with section 8. 
Abuse of a dominant position 
Section 19 (1) Any abuse by one or more undertakings of a 
dominant position in the Swedish market shall be prohibited. 
(2) Such abuse may, in particular, consist in: 
1. directly or indirectly imposing unfair purchase or selling 
prices or other unfair trading conditions; 
2. limiting production, markets or technical development to 
the prejudice of customers; 
3. applying dissimilar conditions to equivalent transactions 
with other trading parties, thereby placing them at a 
competitive disadvantage; or 
4. making the conclusion of contracts subject to acceptance 
by the other parties of supplementary obligations which, by 
their nature or according to commercial usage, have no 
connection with the subject of such contracts. 
Negative clearance 
Section 20 (1) Upon application by an undertaking the Swedish 
Competition Authority may certify that, on the basis of the 
information provided by the undertaking or the facts in the 
Authority's possession, an agreement or practice does not fall 
under the prohibitions contained in section 6 or section 19 
and that there are therefore no grounds for the Authority to 
take any action under this Act (negative clearance). 
(2) Following such a decision the Swedish 
Competition Authority may not impose an obligation under 
section 23 (1) or bring an action for the payment of anti­
competitive charges under section 26. 
Section 21 (1) The Swedish Competition Authority may revoke 
its decision under section 20 where: 
1. there has been a change in any of the facts which were 
basic to the making of the decision; IP/N/lISWE/O/2 
Page 6 
2. the decision is based on incorrect or misleading 
infonnation; or 
3. the Market Court changes its adjudication in such a way 
that the agreement or practice manifestly falls within the 
scope of the prohibitions contained in section 6 or section 
19. 
Administrative rule for the Swedish Competitiol] Authority 
Section 22 Upon receipt of a notification of an agreement 
under section 9 or an application for clearance under section 
20 the Swedish Competition Authority shall give any parties to 
the agreement that are not applicants the opportunity of being 
heard regarding the notification or application. 
Action against prohibited restrictions on competition 
Section 23 (1) The Swedish Competition Authority way require 
an undertaking to tenninate an infringement of any of the 
prohibitions contained in sections 6 and 19. 
(2) If the Swedish Competition Authority decides 
in a particular case not to impose such an obligation, the 
Stockholm City Court may do so at the instance of an 
undertaking that is affected by the infringement. 
Section 24 An obligation imposed under section 23 shall 
take effect immediately, unless other provision is made. 
Section 25 If special reasons exist, an obligation under 
section 23 may be imposed for the period until a [mal 
decision is taken on the matter. The Stockholm City Court may 
only impose such an obligation following commencement of legal 
proceedings. 
Anti-competitive behaviour charges 
Section 26 (1) The Stockholm City Court may, at the request 
of the Swedish Competition. Authority order an undertaking to 
pay a special charge (anti-competitive behaviour charge) where 
the undertaking, or a person acting on the undertaking's 
behalf, intentionally or negligently: 
1. infringes any of the prohibitions contained in sections 6 
and 19; or 
2. commits a breach of any condition imposed pursuant to 
section 10 (2). 
(2) The proceeds of the charge shall go to the 
state. 
Section 27 (1) The charge shall be fixed at not less than 
five thousand kronor nor more than five million kronor, or a 
sum in excess thereof but not exceeding ten per cent of the 
undertaking's annual turnover in the preceding business year. IP/NI1 ISWE/O/2 
Page 7 
(2) If an action relating to the charge is brought 
against several undertakings, the charge shall be fIXed on an 
individual basis. 
Section 28 (1) In fIXing the amount of the charge, account 
shall be taken, in particular, of the gravity and the duration 
of the infringement. 
(2) In minor cases no charge shall be imposed. 
Section 29 (1) The anti-competitive behaviour charge provided 
for in section 26 (1), point 1, shall not be imposed in 
respect of acts taking place: 
1. after receipt by the Swedish Competition Authority of a 
notification under section 9 or an application under section 
20 and before its decision concerning the notification or 
application takes effect, provided that the acts fall within 
the limits of the activities described in the notification or 
application; or 
2. during the period specified in a negative clearance, 
provided that the clearance is not revoked pursuant to section 
21, point 2. 
(2) Subsection (1) shall not, however, be 
applicable where the Swedish Competition Authority declares, 
within one month of receipt of the notification or 
application, that it is of the opinion that section 6 applies 
and that application of section 8 is not justified, or that 
section 19 applies. Such a decision may only be issued if it 
is obvious that an exemption cannot be granted or that a 
negative clearance cannot be issued. 
Section 30 (1) An anti-competitive behaviour charge may only 
be imposed where a summons application has been served on the 
party concerned within five years of termination of the 
infringement. 
(2) The charge must not be imposed in respect of 
measures taken in compliance with a decision to which a 
penalty of a fme has been attached in accordance with the 
provisions of this Act. 
Section 31 An anti-competitive behaviour charge that has 
been imposed shall lapse if the relevant judgment is not 
executed within five years of gaining legal force. 
Section 32 In order to secure payment of an anti-
competitive behaviour charge the Stockholm City Court may, at 
the request of the Swedish Competition Authority, issue a 
distraint order. The provisions of chapter 15 of the Code of 
Judicial Procedure concerning distraint in respect of debts 
shall be applicable where relevant. IP/N/lISWE/O/2 
Page 8 
Compensation 
Section 33 (1) Any party who, intentionally or negligently, 
infringes any of the prohibitions contained in section 6 and 
19 shall compensate the damage that is caused thereby to 
another undertaking or party to an agreement. 
(2) The right to such compensation shall lapse if 
no action is brought within five years from the date when the 
damage was caused. 
(3) The Stockholm City Court shall always be 
competent to examine cases relating to compensation pursuant 
to this section. 
Acquisitions of undertakings 
Prohibition of acquisitions of undenakings etc. 
Section 34 (1) The Stockholm City Court way, at the request 
of the Swedish Competition Authority, prohibit any acquisition 
of an undertaking that is subject to compulsory notification 
under section 37. 
(2) The acquisition shall be prohibited where: 
1. it creates or strengthens a dominant position which 
significantly impedes, or is liable to impede, the existence 
or development of effective competition in the Swedish market 
as a whole, or a substantial part of it; and where 
2. this takes place in a manner that is detrimental to the 
public interest. 
(3) Acquisitions that have been effected on a 
Swedish or foreign stock exchange, a recognized market or any 
other market regulated by a recognized authority, or by a bid 
at a compulsory auction, shall not be prohibited. Instead, the 
undertaking way be ordered to dispose of the assets acquired. 
Section 3S In consequence of a decision to prohibit the 
acquisition of an undertaking the acquisition shall be void. 
Section 36 If such a measure is sufficient to eliminate 
the adverse effects of an acquisition, the purchaser may, 
instead of being placed under a prohibition pursuant to 
section 34, be required: 
1. to dispose of an undertaking or a business activity, in 
whole or in part; or 
2. to take some other measure having a favourable effect on 
competition. 
Notification of acquisitions of undenakings 
Section 37 (1) Acquisition of an undertaking shall, where the 
aggregate turnover of the participating undertakings in the 
preceding business year exceeded four billion kronor, be 
notified to the Swedish Competition Authority by a party to 
the acquisition contract. IP/N/1/SWE/O/2 
Page 9 
(2) If the purchasing party belongs to a group 
consisting of several undertakings under joint control or 
othetwise connected, the aggregate turnover of the group shall 
be deemed to be the purchasing party's annual turnover. 
Special investigations of acquisitions 
Section 38 (1) The Swedish Competition Authority may decide 
to carry out a special investigation of an acquisition 
notified under section 37. 
(2) Such a decision shall be issued not later than 
30 days after submission of a notification to the Swedish 
Competition Authority. During this period the parties to the 
acquisition contract must not take any action to proceed with 
the acquisition. 
Actions relating to acquisitions of undenaldngs 
Section 39 (1) Actions may only be brought before the 
Stockholm City Court pursuant to section 34 or section 36 
following a decision to carry out a special investigation 
pursuant to section 38. 
(2) An action must be brought within three months 
of the decision. The Stockholm City Court may, at the request 
of the Swedish Competition Authority, extend this time limit 
by not more than one month at a time, subject to the agreement 
of the parties to the acquisition contract or, in the case of 
an acquisition effected in the manner described in section 34 
(3), of the purchasing party, or if special reasons exist. 
Section 40 (1) If the Swedish Competition Authority decides 
not to intervene with respect to an acquisition, an action 
referred to in section 39 (1) may not be brought. 
(2) This shall not, however, apply in cases where 
the decision was influenced by incorrect information submitted by 
any party to the acquisition contract. 
Prohibition of acquisitions pending a final decision 
Section 41 (1) If such a measure is justified by a public 
interest which outweighs the inconvenience caused to the 
parties to the acquisition, the Stockholm City Court may, at 
the request of the Swedish Competition Authority, prohibit an 
undertaking, under penalty of a fine, from proceeding with an 
acquisition until a fmal decision has been taken on a matter 
provided for in section 34 or section 36. Such a request shall 
be made in writing unless an action is pending. 
(2) The request may not be granted until the 
parties to the acquisition contract or, where the acquisition 
took place in the manner described in section 34 (3), the 
purchasing party, have had the opportunity to be heard. 
However, in case of urgency the above measure may be allowed 
until a new decision is taken. IP/N/lISWE/O/2 
Page 10 
Time limit for decisions on acquisitions 
Section 42 (1) A prohibition or obligation referred to in 
section 34 or section 36 must not be imposed more than six 
months after an action has been brought before the Stockholm 
City Court. This time limit may be extended, subject to the 
agreement of the parties to the acquisition contract or, in 
the case of an acquisition effected in the manner described in 
section 34 (3), of the purchasing party, or if special reasons 
exist. A prohibition or obligation must not, however, be 
imposed more than two years after conclusion of the 
acquisition contract. 
(2) If an appeal is made against the judgment of 
the Stockholm City Court, the Market Court must make a ruling 
within three months of expiry of the period for appeal. The 
provisions of subsection (1) concerning extension of the time 
limit shall also apply to the Market Court's examination of 
the case. 
Review 
Section 43 (1) Notwithstanding the imposition of a 
prohibition or obligation pursuant to section 34 or section 
36, the matter may be reviewed where revocation or 
modification of the prohibition or obligation is justified on 
the grounds that it is no longer necessary or appropriate. 
(2) A decision by the Stockholm City Court or the 
Market Court not to take any action with respect to the 
acquisition of an undertaking may only be reviewed where a 
party to the acquisition contract has given incorrect 
information about natters which are basic to the making of the 
decision. 
Section 44 (1) Petitions for review under section 43 shall be 
addressed to the Stockholm City Court by the Swedish 
Competition Authority or a party affected by the decision. 
(2) Petitions for review under section 43 (2) 
shall be submitted not later than one year after a fmal 
decision has been rendered on the matter. 
Obligation to supply information, investigations 
Cases concerning exemptions and negative clearance 
Section 45 Where this is necessary for the performance of 
its duties under this Act, the Swedish Competition Authority 
may require: 
1. undertakings or other parties to supply information, 
documents or other material; 
2. persons who are likely to be in a position to provide 
relevant information to appear at a hearing at a time and 
place decided by the Authority; or IP/N/lISWE/O/2 
Page 11 
3. a municipality or county council engaged in activities of 
an economic or commercial nature to account for the costs of 
and revenues from these activities. 
Section 46 Decisions referred to in section 45 shall take 
effect immediately, unless other provision is made. 
Investigation of infringements 
Section 47 (1) Upon application by the Swedish Competition 
Authority the Stockholm City Court may decide that the 
Authority may carry out an investigation of an undertaking to 
establish whether it has infringed any of the prohibitions 
contained in sections 6 and 19, where: 
1. there is reason to believe that an infringement has been 
committed; 
2. the undertaking does not comply with an obligation imposed 
pursuant to section 45, point 1, or there is a risk of 
evidence being withheld or tampered with; and 
3. the importance of the action taken is sufficient to 
outweigh the interference or other inconvenience caused to the 
parties affected by it. 
(2) Applications for investigations shall be ztade 
in writing. 
Section 48 A decision pursuant to section 47 way also be 
taken in respect of a party other than the undertaking to be 
investigated. Such a decision may only be taken where: 
1. the conditions contained in section 47 (1), points 1 and 3 
are satisfied; 
2. there is a strong indication that the party referred to in 
the application is in possession of evidence; and 
3. the said party does not comply with an obligation imposed 
pursuant to section 45, point 1, or there is a risk of 
evidence being withheld or tampered with. 
Section 49 In case of urgency a decision pursuant to 
section 47 or section 48 may be issued without the party 
referred to in the decision being given the opportunity to be 
heard. 
Section 50 (1) A decision pursuant to section 47 or section 
48 shall specify: 
1. the subject matter and purpose of the investigation; 
2. the date on which the investigation is to begin; and 
3. the Swedish Competition Authority's powers under section 
51. 
(2) The decision shall take effect immediately, 
unless other provision is made. 
Section 51 (1) In carrying out an investigation decided upon 
pursuant to section 47 or section 48, the Swedish Competition 
Authority shall be empowered: 
1. to examine the books and other business records; IP/N/lISWE/O/2 
Page 12 
2. to take copies of or· extracts from the books and business 
records; 
3. to ask for oral explanations on the spot; and 
4. to have access to any premises, land, means of transport 
and other areas. 
(2) Prior to commencement of the investigation the 
decision authorizing it shall be presented to the party on 
whose premises the investigation is to be carried out. 
Section 52 (1) When an investigation decided upon pursuant to 
section 47 or section 48 is to be made, the party on whose 
premises the investigation is to be carried out shall have the 
right to summon a legal representative. 
(2) Pending the arrival of such a representative, 
the investigation shall not begin. However, this shall not 
apply where: 
1. the investigation is unduly delayed as a result; or 
2. the decision to conduct an investigation is taken pursuant 
to section 49. 
Section 53 The Swedish Competition Authority way request 
assistance from the enforcement service in carrying out the 
measures referred to in section 51, points 1, 2 and 4. 
Common provisions 
Section 54 Action taken pursuant to section 45 or section 
51 must not relate to written documents: 
1. the contents of which may be assumed ,to be such as to 
preclude the possibility of hearing a member of the Swedish 
Bar Association or any of his associates as a witness about 
it; and 
2. which are in his possession or in that of the person 
protected by his obligation of professional secrecy. 
Section SS An obligation imposed pursuant to section 45 
or an investigation conducted pursuant to section 51 shall not 
entail an obligation to disclose business secrets of a 
technical nature. 
Section 56 Persons or undertakings that are subject to 
compulsory notification under this Act must not be unduly 
burdened. 
Fines 
Obligations imposed under penalty of a fine 
Section 57 (1) A prohibition or obligation pursuant to 
section 23, 34, 36, 41 or 45 may be imposed under penalty of a 
fme. A penalty for non-colnpliance may also be attached to a 
decision to conduct an investigation under section 47 or 
section 48 in order to compel an undertaking or other party to 
submit to the investigation. IP/N/1/SWE/O/2 
Page 13 
(2) 
with A voluntary commitment made in connection 
the acquisition of an undertaking may be made subject to a 
penalty of a fme. Such a fme shall be imposed by the 
Stockholm City Court at the request of the Swedish Competition 
Authority. 
Section 58 The Swedish Competition Authority may make 
compliance with the obligation laid down in section 37 subject 
to the penalty of a fme. 
Awards of fines 
Section 59 (1) Actions for the award of fmes imposed 
pursuant to the provisions of this Act shall be brought before 
a district or a city court by the Swedish Competition 
Authority. In the case of fmes imposed at the instance of an 
undertaking an action for the award of fmes may also be 
brought by that undertaking. 
(2) The Stockholm City Court shall always be 
competent to examine cases pursuant to this section. 
Appeals 
Section 60 (1) Appeals way be made to the Stockholm City 
Court against decisions taken by the Swedish Competition 
Authority on the following matters: 
1. exemptions pursuant to sections 8, 11, 12, 14, 16 and 18; 
2. negative clearance pursuant to sections 20 and 21; 
3. obligations pursuant to sections 23 (1) and 25; and 
4. obligations pursuant to section 45. 
(2) Appeals may only be made against decisions 
referred to in points 1 to 3 by undertakings that are affected 
by the decision. 
Section 61 An appeal may only be made against a decision 
of the Swedish Competition Authority under section 29 (2) in 
conjunction with an appeal against the Authority" s fmal 
decision on the matter. 
Section 62 No appeals may be made against any decisions 
taken by the Swedish Competition Authority under the 
provisions of this Act other than those provided for in 
sections 60 and 61. 
Section 63 (1) Appeals against judgments and decisions of the 
Stockholm City Court in the following cases may be lodged with 
the Market Court: 
1. obligations pursuant to section 23 (2) and 25; 
2. anti-competitive behaviour charges pursuant to section 26; 
3. distraint pursuant to section 32; 
4. acquisitions of undertakings pursuant to sections 34, 36, 
41 and 43; 
5. investigations pursuant to sections 47 and 48; and IP/N/lISWE/O/2 
J~age 14 
6. reviews of appeals pursuant to section 60. 
(2) Appeals against decisions issued during 
proceedings dealing with matters referred to in section 25, 32 
or 41 shall be made separately. An appeal against a decision 
issued pursuant to section 32 or section 41 prior to a 
proceeding shall be made in the same manner as an appeal 
against a decision issued during a proceeding. 
Procedural provisions 
Section 64 (1) Without prejudice to the provisions of this 
Act, the following provisions shall be applicable: 
1. with respect to actions relating to matters referred to in 
section 63(1), points 1 to 4, the provisions of the Code of 
Judicial Procedure concerning disputes where settlement out of 
court is not permitted; and, 
2. with respect to the examination of matters referred to in 
section 63 (1), points 5 and 6, the provisions of the 
Examination of Non-Contentious Matters Act (1946:807). 
(2) The provisions of Chapters 49, 50 and 52 of 
the Code of Judicial Procedure relating to courts of appeal 
shall instead be applicable to the Market Court. 
Section 65 For the purposes of matters covered by this 
Act the provisions of the Code of Judicial Procedure relating 
to prosecutors shall, with respect to orders concerning 
parties and the non-appearance of a party, apply to the 
Swedish Competition Authority. 
Section 66 Regarding examination of a matter pursuant to 
section 41, where no action is pending, the provisions that 
are applicable when such a matter is the subject of a· 
proceeding shall, in addition to the provisions of that 
section, be applicable. A claim for costs presented by the 
party opposing the Swedish Competition Authority may, however, 
be examined in connection with the decision on the measure to 
be taken. 
Section 67 A decision on a measure provided for in 
section 41 that is taken where no action is pending shall be 
cancelled immediately, unless the Swedish Competition 
Authority decides to carry out a special investigation 
pursuant to section 38 or, where such a decision has been 
. issued, unless it brings an action pursuant to section 39. The 
same shall apply where the Swedish Competition Authority 
decides not to take any action concerning the acquisition of 
an undertaking. 
Section 68 Before a decision is taken in a case relating 
to the. acquisition of an undertaking, the party opposing the 
purchaser shall be given the opportunity to be heard. This shall not, however, apply to acquisitions that take place in 
the manner referred to in section 34 (3). IP/N/lISWE/O/2 
Page 15 
Section 69 The matters referred to in section 63 (1) may 
be examined together, if this facilitates the investigation. 
Such examinations shall take place in accordance with the 
provisions of section 64 (1), point 1. 
Entry into force and transitional provisions 
1. This Act shall enter into force on July 1, 1993. 
2. The Act shall supersede the Competition Act (1982:729) and 
the Prohibition Against Restrictions on Competition Regarding 
Agricultural Products Act (1991 :921). 
3. The following shall apply to agreements existing at the 
time of entry into force of this Act and regarding which 
notifications with a view to exemption under section 8 or 
applications for negative clearance under section 20 are 
submitted to the Swedish Competition Authority within 6 months 
of entry into force: 
(a) the provisions of section 7 shall only be applied 6 
months after the date of a decision by the Swedish Competition 
Authority's decision concerning a notification or application; 
(b) the provisions of section 23 shall not, as regards 
infringements of the prohibition contained in section 6, be 
applied before the date referred to in subparagraph (a); 
(c) the anti-competitive behaviour charge provided for in 
section 26 or compensation provided for in section 33 for 
infringements of the prohibition contained in section 6 may 
not be imposed in respect of measures taken before the date 
referred to in subparagraph (a), provided that these measures 
are related to the activities described in the notification or 
application. 
4. As regards agreements or practices existing upon entry 
into force of this Act which are prohibited under section 6 or 
section 19, the prohibitions shall not be applicable if, 
within 6 months of entry into force of this Act, the 
agreements or practices: 
(a) are altered in such a way as to make them eligible for 
a block exemption under section 17; 
(b) are altered in such a way that they no longer fall 
within the scope of section 6 or section 19; or 
(c) are terminated. 
The provisions of paragraph 1 (a) shall, however, be without 
prejudice to withdrawal by the Swedish Competition Authority 
of the benefit of an exemption pursuant to section 18. IP/N/1/SWE/O/2 
Page 16 
5. Notifications with a view to exemption pursuant to section 
8 or applications for negative clearance pursuant to section 
20 may be dealt with prior to entry into force of this Act. 
Paragraph 3 (a) to (c) shall apply to a notification or 
application made before entry into force of this Act. However, 
in such cases the time limit shall be 10 months. 
6. Section 13~of this Act shall apply to agreements referred 
to in paragraph 3 above which are notified in accordance with 
the provisions laid down in that paragraph, except that the 
date from which the exemption shall be deemed to have been 
granted shall be that of entry into force of this Act. The 
same shall apply to agreements notified prior to entry into 
force of this Act. 
7. The provisions currently in force shall continue to apply 
to acquisitions of undertakings effected prior to entry into 
force of this Act. 