EU & Competition

It has become increasingly important to stay competitive while not acting in an anti-competitive manner. Our team has years of experience in advising clients in a wide range of issues related to competition law, including cartels, vertical agreements, abuse of dominance, dawn raids, merger control and anti-competitive public sales activities.

Breaches of the competition rules can lead to significant bad will, substantial fines and claims for damages. We assist our clients with preventative measures to ensure that the business is in line with Swedish and EU competition law. We frequently provide training and assist with the drafting of guidelines to help companies, public entities and trade associations to comply with the applicable rules.

When a company is under investigation by the European Commission or the Swedish Competition Authority, we assist in the contacts with the authority. This could be in relation to dawn raids, interrogations or when responding to an order. We also represent our clients in court proceedings and arbitrations.

Furthermore, competition law presents opportunities that can be used to a party’s advantage in contract negotiations. Together with our clients we identify solutions that are practically and commercially viable.

Delphi assists clients in all matters relating to EU and competition law, including;

• Risk assessment of collaborations with competitors, distribution agreements, licensing and other commercial agreements
• Negotiations, drafting or reviewing contracts – can competition law be used to the advantage of the company?
• Mergers & acquisitions – assessment of the duty to notify the transaction to a competition authority and identifying possible competition concerns regarding the whole or parts of the transaction, drafting of merger filings, contacts with competition authorities etc
• Assessment of notification duty for investments according to parallel rules regarding Foreign Direct Investments (FDI), Foreign Subsidies (FSR), the Security Protective Act etc
• Coordination of multi-jurisdictional projects and when needed cooperation with a broad network of international law firms and competition economists.
• Dawn raids – preparatory work as well as assistance in the event of a dawn raid or investigation and a subsequent investigation
• Contacts with the European Commission, the Swedish Competition Authority and other authorities
• Court proceedings concerning fines for alleged breaches of competition law, invalidity of contracts and damage claims
• Arbitrations regarding competition law issues
• State aid
• Regulatory issues
• Free movement of goods and services
• Tailor-made trainings
• Risk assessment and drafting of policies, guidelines and trainings to ensure compliance with applicable rules and regulations but also in order to use the rules to the advantage of the company.