The Swedish Competition Authority drops antitrust probe against Novamedia

On 3 November 2017, The Swedish Competition Authority (SCA) issued a decision to close an investigation into alleged abuse of dominance by Novamedia, which operates the Swedish Postcode Lottery. The decision marks an end to the most lengthy abuse of dominance investigation by the SCA to date, which was initiated during the spring of 2013. The decision was adopted more than a year after the authority shared a draft statement of claim with Novamedia, corresponding to an SO in European Commission antitrust investigations.

The decision is a unique case of the SCA deciding to close an abuse of dominance investigation at such a late stage. It follows from the decision that the SCA, after an overall evaluation, and taking into account the prospects of successfully litigating the case in court, has not found reasons to prioritize proceeding to bring a claim.

In July this year the Swedish Ombudsman of Justice criticised the SCA’s handling of the matter on several counts, including the duration of the investigation.

Novamedia was represented by Mannheimer Swartling.

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