SWEDEN Law and Practice Contributed by: Marcus Glader, Sebastian Örndahl, Noelia Martinez and Dagne Sabockis, Vinge
review period for Phase 1 cases was 17 busi - ness days (2023: 14 business days, 2022: 16 business days). Notifications should be submitted using the same form. However, where the transaction does not give rise to horizontally or vertically affected markets, certain sections of the notification form can be left blank.
Where the parties are active on different levels of the supply chain (ie, where there is a vertical link between the parties), a market is affected if any of the parties, or the parties jointly, have a market share of 30% or more. The same applies in the absence of any actual customer-supplier relationship between the parties – ie, if the verti - cal link is only potential. Concentrations where the parties’ market shares are below the mentioned levels will normally receive less scrutiny from the SCA, as competi - tion concerns will usually be less likely to arise in such cases. The SCA will consider the product and geo - graphic market definitions proposed by the parties, but its assessment is not bound by the proposed or precedent market definitions. Fol - lowing the introduction of the SCA’s new filing forms in May 2025, the parties are required to discuss all plausible alternative market defini - tions in the notification. 4.3 Reliance on Case Law Previous decisions by the SCA and the EC, as well as rulings from the Swedish and EU courts serve as the basis for defining the relevant prod - uct and geographic market. Clarifications by the Swedish or EU courts on the substantive assessment will be followed by the SCA. 4.4 Competition Concerns The SCA’s assessment may encompass all types of competition concerns. This includes, in par - ticular, concerns arising from the creation or strengthening of a dominant position (unilateral effects). Other types of competition concerns that the SCA may consider include co-ordinated effects (eg, if the companies remaining on the
4. Substance of the Review 4.1 Substantive Test
The substantive test employed by the SCA in its review of concentrations is whether the con - centration would significantly impede the occur - rence or the development of effective competi - tion within Sweden as a whole, or a substantial part of it”. If the SCA finds that a concentration would lead to such effects, it must prohibit the concentration. In its examination, the SCA will particularly consider whether the concentration creates or strengthens a dominant position. The substantive test under the Swedish Com - petition Act is intended to mirror the substantive test under the EUMR. The SCA therefore inter - prets the prohibition in light of EU law. The SCA has recently requested that the cur - rent regime be amended, so that concentrations leading to a significant impediment to effective competition on a purely local market in Sweden may also be prohibited. 4.2 Markets Affected by a Transaction Where the buyer and the target company are both active in the same market (ie, where there are horizontal overlaps), that market is consid - ered affected if the parties’ combined market share is 20% or more.
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