COMPETITION LAW IN THE SCANDINAVIAN LEGAL ORDER: A COMPARATIVE AND ENFORCEMENT-FOCUSED ANALYSIS OF NORWAY, FINLAND, AND SWEDEN

Abstract

This article provides a comparative analysis of competition law in the Scandinavian countries, with particular emphasis on Norway, Finland, and Sweden. It examines how these jurisdictions apply a coherent regulatory logic to cartel enforcement and merger control, grounded in principles of substance over form, enforcement restraint, and the protection of the public interest. By integrating legal doctrine with economic analysis, the article demonstrates that Scandinavian competition regimes balance strict deterrence of hard-core cartels with forward looking merger control aimed at preventing structural harm to competition. In the European Union, Articles 101 and 102 of the Treaty on the Functioning of the European Union address anticompetitive agreements and the abuse of dominant positions, forming the backbone of EU competition rules, against which the Scandinavian systems are assessed. The analysis shows that effective competition regulation in Scandinavia relies on aligning enforcement practices with broader societal objectives, including consumer welfare and market integrity.