Part II The Member State Reports on Transposition of the Directive, 17 Sweden
Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
- Damages — Application of EU competition rules — Jurisdictions
This chapter examines the transposition of the Antitrust Damages Directive in Sweden. It begins with an overview of the transposition process, focusing on the implementing law called the Antitrust Damages Act (ADA) that was enacted on 3 November 2016 and entered into force on 27 December 2016, as well as the general requirements considered by the Swedish Government for implementing EU law. It then describes the scope of the implementation process for ADA before analysing the main issues concerning implementation of the Directive, such as those relating to preconditions for liability in Swedish law, joint and several liability, limitation period for bringing damages claims, right to full compensation, interest in arrears on damages awarded, quantification of harm, passing on of overcharges in Swedish law, right to recover damages from other infringers, procedural rules for cases involving antitrust damages, disclosure of evidence, and incorrect or incomplete transposition.