Competition law and FDI

What do you do when the Competition Authority knocks on your door and informs you that they are going to conduct a site investigation, or a dawn raid as it is popularly called? What do you need to consider when collaborating with other companies at the horizontal level (that is, companies that essentially do the same as you) or the vertical level (that is, companies that are ahead or behind your company in the value chain)? Is there a risk of cartel formation or other anticompetitive activities? What must you consider when merging with another company through acquisition or sale? Is there a risk of corporate concentration that could require notification?

ASTRA ADVOKATER assists companies with issues related to the entire spectrum of competition law. As part of the EU, Sweden has strict and clear competition law legislation. The purpose of the law is to maintain good and healthy competition in the market.

The law focuses on two areas; anti-competitive collaborations and mergers. Competition law also has a significant impact on public procurement and market legal conditions.

Any form of collaboration between companies can affect competition in the market. ASTRA ADVOKATER can assist in the assessment of whether a collaboration affects to such an extent that it can be deemed harmful or even illegal. The ultimate responsibility for that assessment falls on the involved companies. Assessments that must be made include which relevant market the company operates in, how large a market share it has in that market, and whether there are more advantages than disadvantages to the collaboration. For certain collaborations, there are legally regulated exceptions that the operations and agreements should be adjusted to.

Those who commit competition offenses can be subjected to both a competition damage fee - which is the state's penalty for the offense - and competition damages - which is the compensation owed to the affected party for the damage caused.

Thanks to our international network, we can provide counseling in legal, procedural and practical matters, regardless of where an investigation is being performed.

Competition law and EU law set the framework for how companies can operate in the market and influence both strategic decisions and daily operations. We assist clients in matters concerning collaborations, distribution agreements, cartel prohibitions, abuse of dominant position, and state aid. Our advisory services also cover transactions, investigations regarding competition violations, and preventive work through compliance programs, contract reviews, risk analyses, and tailored internal training.

We also provide assistance with matters related to foreign direct investments (FDI) and foreign subsidies (FSR), including assessments of notification obligations and the preparation of notifications under the new regulations. The Swedish regulations regarding FDI have a broad scope of application and can also encompass domestic investments and a large number of activities. With our expertise, you gain security, predictability, and operational flexibility in a heavily regulated business environment.