The Patent- and Market Court of Appeal has rejected a claim by the Swedish Competition Authority that Capio S:t Görans sjukhus, Sweden’s only privately run hospital, entered into an anti-competitive agreement in connection with a procurement of medical services. The judgment of the Patent- and Market Court of Appeal is an important contribution to the law on anti-competitive agreements, in particular clarifying the conditions under which an agreement may, without assessing the agreement’s effects on the market, be deemed anti-competitive by its very nature (an agreement with an anti-competitive object). The Court accepted Capio’s submission that the scope for finding an agreement anti-competitive by object is strictly limited. No anti-competitive effects had been demonstrated in the case and Capio was consequently acquitted and awarded full compensation for costs.
Capio was represented by Mannheimer Swartling.