In connection to a public procurement made by Stockholm County Council in 2008, Aleris Diagnostik AB (Aleris) entered into two contracts with other companies active on the same market. Aleris’ object when entering the contracts was to secure qualitative care for the patients, but the Swedish Competition Authority (SCA) considered the contracts to have as their object to restrict competition between the parties. The fact that the companies involved all submitted independent tenders was undisputed. The SCA took the case to court and sought more than 36 million kronor in fine for Aleris. After having been trialed in the lower court, the case has now been definite decided by the Patent and Market High Court, which is the last instance.
The Patent and Market High Court concluded that the contracts could not be characterized as having as their object to restrict competition. The Court further concluded that the SCA had not demonstrated that the contracts could have anti-competitive effects. As a result, Aleris and its counterparts were acquitted of all charges of having infringed the competition rules, and were awarded full compensation for their legal costs. The judgment is available on the Patent and Market High Court’s website (in Swedish – link).
Aleris was represented by BOKWALL RISLUND.