SWEDEN Law and Practice Contributed by: Marcus Glader, Sebastian Örndahl, Noelia Martinez and Dagne Sabockis, Vinge
Phase I is 25 working days from the date of formal notification. It can be prolonged to 35 working days if the parties submit commit - ments to the SCA. • Phase II review – If the SCA identifies poten - tial competition concerns, it conducts a more in-depth investigation of the transaction’s impact on competition. The deadline for a decision in Phase II is 3 months from the date the SCA decides to initiate this phase. This period can be extended by an additional one month if the parties agree or if the SCA requires more time to gather information. The overall timeline for clearance depends on the complexity of the case and the findings dur - ing each phase of the review process. It can range from one to two months for simplified cases to around four to five months for more complex cases. Please refer to 3.9 Pre-Notification Discussions With Authorities for discussion of pre-notifica - tion contacts. 3.9 Pre-Notification Discussions With Authorities The SCA encourages the parties to engage in pre-notification discussions to seek guidance on the information required for the notification and clarify any procedural aspects. The duration of the pre-notification phase can vary depending on the complexity of the merger and the level of interaction between the parties and the author - ity. It typically lasts a few weeks to one or two months. 3.10 Requests for Information During the Review Process Requests for information (RFIs) are quite com - mon, especially in cases where the authority needs additional data to assess the competitive
impact of the transaction. Even in straightfor - ward cases, the authority may issue at least one RFI to clarify aspects of the notification or to request supporting documents. The burden of responding to RFIs can vary sig - nificantly. In simple cases, the requests may be limited to clarifications or easily accessible doc - uments. In more complex or potentially prob - lematic cases, the authority may require detailed market data, internal documents, customer or supplier lists, and other sensitive information. The process can become resource-intensive, particularly if the authority moves to a Phase II review, where the depth and scope of informa - tion requested typically increase. The issuance of an RFI does not automatically suspend or stop the review clock. The statutory deadlines for Phase I and II (see 3.8 Review Pro- cess ) continue to run regardless of whether an RFI has been issued. However, if (i) the notifica - tion is deemed incomplete, the SCA may request additional information before the review period officially begins, or (ii) the parties fail to provide information within the requested deadlines, the SCA may decide to stop to the clock until the information is provided. The clock can also be stopped at the request of the notifying party. 3.11 Accelerated Procedure In Sweden, there is no fast-track or other type of accelerated procedure for review. The same deadlines for review (see 3.8 Review Process ) apply to all transactions. The review timeline will depend on the complex - ity of the transaction – eg, in simplified transac - tions, the SCA will more rapidly reach a decision. The SCA’s stated ambition is to clear non-com - plex cases as soon as possible and typically within 15 business days. In 2024, the average
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