Sweden Fines Mavera for Abusive Exclusivity Practices

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Sweden’s competition authority has imposed a financial penalty and behavioural remedies on a leading provider of insurance medical assessments, concluding that its use of exclusivity agreements unlawfully restricted competition.

The Swedish Competition Authority has fined Mavera AB approximately SEK 14.3 million (€1.2 million) for abusing a dominant position in the market for insurance medical advice. In addition to the fine, the authority has ordered the company to cease applying contractual clauses that prevent its medical advisors from working with competing service providers, under threat of a further penalty of SEK 30 million (€2.5 million).

Mavera provides specialised medical assessments used by insurers, public authorities and claims handlers, often in the context of determining compensation for personal injury. The authority found that the company has held a dominant position in this niche market since at least 2020, reflecting both its early entry and the limited availability of qualified medical experts.

According to the investigation, competition concerns arose when a rival service entered the market in 2020. In response, Mavera introduced exclusivity provisions in its agreements with affiliated doctors, effectively preventing them from accepting assignments from competing intermediaries. Given the scarcity of such specialists, the authority concluded that these arrangements significantly limited rivals’ ability to compete.

In several medical fields, Mavera was found to have secured exclusive relationships with nearly all available advisors, leaving competitors unable to access essential inputs. This, in turn, created substantial barriers to entry and expansion, reinforcing the company’s market position and weakening competitive pressure.

The authority determined that such conduct amounted to an abuse of dominance under Swedish competition law. It points out that exclusivity agreements imposed by dominant firms can distort market dynamics, particularly where they foreclose access to key resources required for effective competition.

Alongside the financial penalty, the decision requires Mavera to bring its practices into compliance by removing the restrictive clauses. The decision may be appealed before the Swedish Patent and Market Court.