The Swedish Competition Authority may bring an action before the court to sue for competition damages even where the behaviour that forms the basis of the claim has already been forbidden by the Market Court. This is the result of the Stockholm City Court’s decision not to approve Swedavia’s petition for the dismissal of a case concerning fees for signs that pre-ordered taxis use for customers at Arlanda Airport.

After the Market Court found that Swedavia had abused its dominant position and therefore ordered the company to cease charging pre-order fees or be faced with a fine, the Swedish Competition Authority has sued Swedavia and demanded that the company should pay SEK 340,000 in competition damages for this behaviour during the period leading up to the Market Court’s decision. Swedavia replied by petitioning for the action to be dismissed and claimed that it was in contravention of the prohibition on double sentencing and punishment (”ne bis in idem”).

In its decision, the City Court has concluded that the previous court case in the Market Court was not of a criminal law character. The prohibition on double sentencing and punishment is therefore not an obstacle to now trying the claim for competition damages.

“It is important to ensure that companies who abuse their dominant position can always be held accountable and be charged with competition damages in the manner prescribed by the Competition Act. It is good for the consumers that dominant companies, when drawing up strategies, take into consideration the special responsibility that the competition regulations entail for them. In the case in question Swedavia has charged unreasonable fees that have increased the cost of taxi rides for the consumers,” Competition Authority Director-General Dan Sjöblom comments.

Swedavia has one week to file a notice of appeal against the City Court’s decision.