Sweden: Swedish Competition Authority on
in short As of last Friday, 1 November 2024, the Swedish Competition Authority has started to implement its declaration on free access to procurement documents. According to the Swedish Competition Authority, this means that the contracting authority is now expected to offer standard contracts such as AB04 and ABT06 free of charge to bidders in all public procurement processes. The decision prompted discussion and concerns about increased administrative burdens and costs for contracting authorities and bidders. Additionally, there are concerns that adoption of standards that encourage predictability and transparency may decrease. Although not legally binding on courts, the Swedish Competition Authority's positions are intended to guide the public and clarify the assessment of specific legal issues. In a statement of 28 June 2024, the Swedish Competition Authority argued that reference in procurement to documents that are not freely available violates Chapter 10, Section 7 of the Swedish Public Procurement Act. The Swedish Competition Authority stresses that procurement documents such as…