SWEDEN Law and Practice Contributed by: Marcus Glader, Sebastian Örndahl, Noelia Martinez and Dagne Sabockis, Vinge
Non-confidential versions of the SCA’s decisions are usually published on its website. Additionally, any third party may request access to non-confidential versions of the documents in the SCA’s files. 7.4 Co-Operation With Other Jurisdictions The SCA co-operates with competition authorities in other jurisdictions, particularly those within the EU through the European Competition Network (ECN), and with the Nordic countries through a Nordic co- operation agreement. The co-operation may be related to general policy matters, such as sharing experience and best prac - tices, and it may be be case-specific. The latter type may include: • exchanges of information, including classified information; • assisting other competition authorities in their investigations and receiving such assistance from them; and • serving documents on behalf of other competition authorities. Within the Nordic co-operation area, consent from the parties to a concentration is normally not necessary for the information to be shared. Within the ECN, the SCA may seek a voluntary waiver from the parties in order to share confidential information with other competition authorities. The SCA also represents Sweden in the OECD and the International Competition Network (ICN). 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review An SCA decision to prohibit a concentration, or a deci - sion to clear a concentration with conditions that are imposed by the SCA, may be appealed to the Pat - ent and Market Court. In turn, rulings of the Patent and Market Court may be appealed to the Patent and Market Court of Appeal if the latter grants leave to appeal. If the Patent and Market Court of Appeal so decides, its ruling may be appealed to the Swedish Supreme Court.
A decision to prohibit a concentration may only be appealed by the buyer, but the seller may be allowed to intervene in the appeal (this was confirmed in the recent Svensk Dos case). Notably, the SCA’s clear - ance decisions and decisions to initiate a Phase II review may not be appealed. 8.2 Typical Timeline for Appeals The SCA’s decision to prohibit a concentration or to clear it with conditions that are imposed by the SCA must be appealed within three weeks from the date of the decision (see 5.6 Issuance of Decisions ). The Patent and Market Court must deliver its ruling within six months of the appeal being lodged, which, in turn, may be appealed to the Patent and Market Court of Appeal within three weeks. The Patent and Market Court of Appeal has three months to rule on the case. If the parties consent, or if extraordinary reasons so require, each court may extend the review period by one month at a time. As of 1 August 2026, the applicable time limits will be extended, such that the Patent and Market Court will have eight months to deliver its ruling, while the Patent and Market Court of Appeal will have four months. The length of a possible extension will be amended to 25 business days (instead of one month) at a time. Given that few cases end up in Phase II in Sweden every year, and that concentrations are rarely prohibited (in particular, since the parties may choose to with - draw the notification before any prohibition decision is issued), court proceedings following SCA decisions in merger cases are uncommon. However, the case law of the Swedish courts includes several examples where the SCA’s decisions were overturned, and it includes a recent prohibition decision concerning a concentration resulting in the total number of market players being reduced from three to two (in the Svensk Dos case) that was annulled by the Patent and Market Court of Appeal. 8.3 Ability of Third Parties to Appeal Clearance Decisions No decisions by the SCA may be appealed by third parties. Unconditional clearance decisions may not be appealed at all.
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