The Implementation of Directive (EU) 2019/1 of the European Parliament and of the Council to Empower the Member States' Competition Authorities to More Effectively Enforce Compliance with Competition Rules and Ensure a Well-Functioning Internal Market in Sweden: A Comparative Legal Study of the Legal Framework and Its Implementation in Swedish Law
2024 (Swedish)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE credits
Student thesis
Abstract [en]
This thesis explores the implementation of European Union (EU) Directive 2019/1 in Sweden, focusing on both legal and practical aspects on Swedish law and the Swedish Competition Authority (Konkurrensverket). The thesis is outlining the purpose and central research questions, which aim to understand how the directive is implemented at the national level and analyze the legal foundations and practical consequences for the Competition Authority. An overview of EU law is provided, with a specific focus on administrative legal principles and good governance within the EU. The legal basis and development of the directive are examined, highlighting the significance of Articles 103 and 114 of the Treaty on the Functioning of the European Union (TFEU). Article 103 regulates the prohibition of anticompetitive agreements and practices, while Article 114 empowers the EU to adopt harmonization measures to ensure the functioning of the internal market. The historical background and legislative support for the directive are also discussedIn the thesis, Swedish administrative law is compared with the EU's principles of good governance, analyzing how these principles are implemented in the Swedish context. The study addresses the procedural and institutional autonomy of member states, examining the balance between national rules and EU directives.The process of implementing EU directives into national legislation is described in general, with a particular focus on the steps taken by Sweden to comply with Directive 2019/1. This includes detailed descriptions of legislative changes and adaptations made to the Competition Act to meet the directive's requirements. The role of the Ministry of Justice and the Swedish Competition Authority in this process is emphasized, along with the contributions of various stakeholders during the consultation rounds. A deeper analysis is provided on the specific legislative changes, legal adaptations, future prospects, and challenges. The principles of good governance within the directive are discussed, especially concerning the powers and procedural independence of the Competition Authority. The impact of EU law on Swedish administrative law is also analyzed, showing that the directive has contributed to a more uniform and effective regulation of competition rules in Sweden.An interview study offers practical insights into the decision-making process at both the EU and national levels. The interview study covers how the directive was implemented, the actors involved, the importance of collaboration between different authorities and stakeholders and the challenges and effects that have arisen. The thesis concludes with a summary and findings, reflecting on how well Sweden has integrated the directive's requirements into national legislation and the effects this has had on Swedish competition policy and legal practice. The analysis show that Sweden has made significant changes to meet the directive's requirements, leading to a stronger and more effective competition policy that benefits both businesses and consumers. Overall, this thesis provides a comprehensive analysis of the legal and practical aspects of implementing EU Directive 2019/1, illustrating how EU strategies are integrated into national legislation and the impact this has on domestic legal systems and market functionality.
Place, publisher, year, edition, pages
2024. , p. 41
Keywords [sv]
EU, Direktiv, Konkurrens, Rättskomparativ
National Category
Other Legal Research Criminology
Identifiers
URN: urn:nbn:se:sh:diva-54558OAI: oai:DiVA.org:sh-54558DiVA, id: diva2:1889306
Subject / course
Public Law
Supervisors
Examiners
2024-08-162024-08-152025-02-20Bibliographically approved