SWEDEN Law and Practice Contributed by: Marcus Glader, Sebastian Örndahl, Noelia Martinez and Dagne Sabockis, Vinge
Third-party input may be collected in various ways – eg, through phone calls, written surveys, physical or digital meetings, or interviews. If the concentration does not appear to be prob - lematic, the SCA will normally not make any con - tacts with third parties. Conversely, the SCA’s queries to third parties can be rather detailed in cases where the SCA has identified competition concerns, in particular, in Phase II reviews. The SCA will usually also market test the commit - ments proposed by the parties to remedy any competition concerns. In these cases, the SCA will often send a non-confidential version of the proposed commitments along with any addition - al questions to the relevant third parties, see also 5.4 Negotiating Remedies With Authorities . 7.3 Confidentiality Upon registering a notification, the SCA pub - lishes information about the notified concentra - tion on its website, along with a summary of the concentration prepared by the parties. Any pre-notification contacts are subject to abso - lute secrecy under the Swedish Public Access to Information and Secrecy Act (2009:400). This includes the identity of the parties. Once a notification has been made, the SCA will maintain confidentiality with respect to informa - tion concerning the commercial or operational conditions, as well as inventions and research results of undertakings, where it can be assumed that a disclosure of the information would cause damage to the undertaking concerned. The SCA also asks for non-confidential versions of concentration notifications and reasoned con - fidentiality claims to be submitted along with the notification. The SCA assesses which informa - tion must remain confidential in each case. It
normally respects reasonable confidentiality claims made by the parties. Non-confidential versions of the SCA’s decisions are usually published on its website. Addition - ally, 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 authori - ties 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 practices, and 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 compe - tition 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 con - fidential information with other competition authorities. The SCA also represents Sweden in the OECD and the International Competition Network (ICN).
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