En rättsvetenskaplig studie om konkurrenslagens eftergiftsprogram - Särskilt om det så kallade kölappssystemet, 3 kap. 14 a § konkurrenslagen -

The competition rules of today exist on both a national and European level, and aim to promote effective competition. In order to maintain that, rules have been set out to control the formation of cartels, which are prohibited according to the main rule in 2 chapter 1 § in the Swedish competitin act. If a company despite the ban would enter into an illegal, anticompetitive collaboration with other companies, there are some opportunities to escape punishment entirely or partly. These opportunities are collectively referred to as the Swedish leniency program. Central in this is the provision in 3 Chapter § 12 Competition Act, which stipulates that the company in a cartel which first states the unlawful cooperation, and it is first by using that information the Competition Authority is able to act, becomes free from fines. After 3 chapter 14 a § Competition Act was introduced, the threshold for the information that a company initially had to submit to a concession was lowered. Through the introduction of the article, known as the ticket system, another possible way for companies to act in order to qualify for the concession has been created. By leaving a small amount of information to the Competition Authority concerning infringement, the company gets a queue ticket. The company will then receive a limited amount of time to submit sufficient information to reach the concession requirement, and a successful company that manages to provide the Competition Authority with sufficient information within the time limit, will be seen as to have provided the Competition Authority with the sufficient amount of information on the first day when it took the ticket. Today there are no public cases where the ticket system has been used. It need not be interpreted as the introduction of the system has been ineffective, the biggest impact is probably the contraceptive one. A well constructed concession system destabilize cartels, and the ticket system reduces the incentive even more since it has become much easier to file a complaint. (Less)