Competition (Sweden): Swedish Competition Authority receives permission to further investigate suspected abuse of dominant position by Arla Foods AB

The Stockholm District Court granted the Swedish Competition Authority (“SCA”) permission to further investigate the digital material that the SCA copied during its unannounced inspection at the premises of Arla Foods AB (“Arla”) on 28 April 2009.

The investigation was initiated in April 2009, as the SCA had reason to believe that Arla had abused its dominant position in the market for the delivery of dairy products to grocery stores by making exclusive contract arrangements with Coop and Axfood. However, the inspection at Arla’s premises and review of the copied materials revealed that Arla’s exclusive contract arrangements were not limited to the contracts with Coop and Axfood.

According to the SCA, several documents examined by the SCA indicate that the exclusive strategy Arla applied towards Coop and Axfood is only a part of a wider plan to completely shut competing companies out of the market. The documents indicate that Arla may also have exclusive contract arrangements with ICA, Netto, Bergendals Group and/or Lidl. The purpose of further investigation is to search for evidence to prove Arla’s breach of competition rules. Source: The Stockholm District Court decision, Ä 9689-09

Roschier, Attorneys Ltd. - Finland


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