19 February 2016

Systembolaget win important procurement case

In a decision from 19 February the administrative court in Stockholm decided that Systembolaget, the Swedish retail alcohol monopoly, is not obliged to use public procurement since the company has “an industrial or commercial character” rather than being “a not for profit, publicly run entity”. RBB has assisted Systembolaget during the process, and submitted a report providing evidence that Systembolaget is subject to substantial competitive constraints e.g. from cross-border trade. The court concludes that if Systembolaget’s prices are too high, some consumers will to a greater extent purchase alcoholic beverages through other options than the state monopoly.  Systembolaget is therefore subject to competitive constraints and are free to act without using public procurement.The decision can be found here.

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