SWEDEN Law and Practice Contributed by: Helena Selander, Pontus Scherp and Fredrik Norburg, Norburg & Scherp
An interim measure may generally be granted where the applicant demonstrates probable cause for the underlying claim and there is a reasonable risk that the opposing party, by taking or refraining from certain action, will prevent or substantially impede the exer - cise or realisation of the applicant’s rights, or other - wise materially diminish their value. An application for an interim measure is made to the court hearing, or competent to hear, the underlying claim. As a general rule, the opposing party must be given an opportunity to comment before the meas - ure is granted. However, where there is an imminent risk, the court may issue an interim order without first hearing the opposing party. The matter will then be reconsidered once the opposing party has had an opportunity to respond. Swedish procedural law does not impose a specific duty of “full and frank disclosure” equivalent to that applicable to without-notice applications in certain common law jurisdictions. The applicant must, how - ever, provide sufficient material to establish that the statutory requirements for the interim measure are satisfied. The applicant is generally required to provide security for any loss that the interim measure may cause the opposing party. Swedish law does not require a cross- undertaking in damages in the common law sense. However, if an interim measure is granted and the applicant ultimately fails to establish the underlying claim, the applicant may be liable for losses caused by the measure. There is no fixed time period within which an applica - tion for interim relief must be determined. The time required will depend on the urgency and complex - ity of the circumstances. In particularly urgent cases, an interim order may be made at an early stage and, where appropriate, before the opposing party has been heard. 10.2 Alternative Dispute Resolution Alternative dispute resolution is available in private antitrust disputes but is not mandatory.
Swedish courts should seek to facilitate an amica - ble settlement between the parties where this is con - sidered appropriate. The parties may also agree to mediation. Where two or more parties to an ongoing antitrust damages action engage in consensual dis - pute resolution, the court may stay the proceedings while those efforts are ongoing. Private antitrust disputes may also be resolved through arbitration, provided that the parties have entered into a valid arbitration agreement covering the dispute. Third-party litigation funding is permitted in Sweden and is not subject to any specific statutory regulation. Funding may in principle be provided in respect of private antitrust litigation. There is no general requirement in Swedish court pro - ceedings for a funded party to disclose the existence or terms of a third-party funding arrangement. As a result, there is limited publicly available information on the extent to which litigation funding is used in practice. The Swedish litigation funding market has, however, continued to develop, with both domestic and international funders active in Sweden. 11.2 Costs Under the general rule in Swedish civil proceedings, the unsuccessful party is required to reimburse the successful party for its reasonable litigation costs. Recoverable costs may include court fees, legal coun - sel fees, expert fees and certain internal costs. Where each party succeeds on some issues and loses on others, the court may apportion the costs between them to reflect the outcome of the proceedings. 11. Funding and Costs 11.1 Litigation Funding A defendant may, in certain circumstances, request that a foreign claimant provide security for litigation costs. This applies primarily where the claimant is a foreign individual who is not domiciled in Sweden or a foreign legal entity. Claimants domiciled in, or legal entities established under the laws of, an EEA country are treated in the same manner as Swedish claimants
178 A NTITRUST LI T IGATI O N 2026
CHAMBERS.COM
Powered by FlippingBook