In a recent preliminary ruling regarding Unilever, the Court of Justice of the European Union (ECJ) reaffirms the position taken in Intel, declaring that a national competition authority (NCA) cannot disregard claims that an exclusivity scheme is incapable of producing anticompetitive effects. The e...
In the context of the common agricultural policy reform for 2023-2027, the European Parliament and the Council of the European Union adopted in 2021 a new exclusion from the EU competition rules for agricultural products. The Commission has now published a draft proposal for sustainability agreement...
The Swedish Government has recently adopted a Governmental Bill with a proposal of how the European Accessibility Directive, adopted in 2019, is to be transposed into Swedish law. The new rules require that certain key products, such as computers, smartphones, ATMs, ticketing and check-in machines,...
The Swedish courts have not been on the forefront when it comes to requesting preliminary rulings – despite a rather obvious need for such rulings in many cases where claims from one or both parties have been denied by the courts. The unwillingness to seek guidance from the Court of Justice of the E...
At the turn of the year, Sweden will take over the six-month rotating presidency of the Council of the European Union. Institutional and legislative responsibility is shouldered at a time characterised by war and economic crisis. The Swedish Precidency Program The presidency program, including the p...
The Court of Justice of the European Union (the “ECJ”) and the General Court in Luxembourg have a very important role to play as the interpreters of EU law. To ensure consistency in the application of EU law throughout the Union, national courts in the EU Member States may request so-called prelimin...
On 1 December 2022 the Swedish Competition Authority (the “SCA”) adopted a decision finding that the prohibition against anticompetitive agreements had been infringed by two undertakings in the sanitation sector. This marks the second time that the SCA has used its recently granted power to impose c...
The Illumina/Grail saga is turning into a nightmare for the US biotech company Illumina. On 5 December 2022, it received a statement of objections (SO) from the European Commission (the EC) setting out the restorative measures to be taken by Illumina to unwind the acquisition of the US biotech start...
On 28 November 2022, the Council of the European Union adopted the NIS2 Directive. The aim of the NIS2 Directive is to contribute to the enhancement of cyber security for critical infrastructure in the EU. The NIS2 Directive, inter alia, expands the list of sectors within the scope of the NIS regula...
While Articles 101 and 102 TFEU are the same as in the early days of European cooperation, the rules governing their application are constantly adapted to changes in society and market behaviour. These last couple of years, the European Commission has been more active than ever, adopting new regulat...
The area of EU and competition law is in constant motion. Both the EU legislators and courts make sure that this field of law is developing at high speed. It is therefore becoming increasingly difficult to keep up to date with the latest developments in this area. At the same time, many of these dev...
Recent Rulings from the EU Courts in Qualcomm, Optical Disk Drives and Google Android Show That Failure to Respect the Parties’ Defence Rights May Come at a High Price. In recent years, there has been much talk of ‘due process’ and of ensuring a fair and impartial case handling by competition author...