On Friday, a judgment came from the Supreme Court that makes it possible for private companies to sell alcohol in Sweden via distance sales. It is the Danish company Winefinder that gets the right from HD to continue selling wine in Sweden via its e-commerce. According to Daniel Tornberg, a lawyer with extensive experience in marketing law, competition will now intensify.
– I believe that this is a judgment that will have enormous fundamental importance for the competitive situation in this market, he says.
Systembolaget thus loses against Danish Winefinder when the dispute has now been settled in the Supreme Court. The background to the goal is the EU’s basic principle of free movement and trade between the Union’s member states, something that is in conflict with the Swedish monopoly on alcohol.
But on Friday it was decided that Winefinder’s sales do not contravene the alcohol law. According to Daniel Tornberg, the monopoly has acted legally for several years to be able to access this type of business, but has not succeeded. He believes that the verdict probably means an end “to the legal journey” while at the same time making it clear that the activity is permitted.
– In concrete terms, this makes it clear that this activity is permitted as the legislation stands today, which of course opens the door for additional actors to enter and compete in this market, he says.
“A clear receipt”
The Swedish alcohol law thus opens up the possibility of so-called private imports as long as it takes place via what is called independent transport, says Daniel Tornberg. Actors who have waited until now will probably dare to start in the future, he believes.
– It is probably likely that more people who have waited a little because of what they perceive as a legal situation will now receive a clear receipt that they can start this type of business. My assessment is that the competition will intensify.
“The beginning of the end for Systembolaget”
Benjamin Dousa, outgoing CEO of the market-liberal think tank Timbro, calls the outcome of the verdict fantastic.
– This is the beginning of the end for Systembolaget, he says.
Dousa predicts a future where already existing companies start their own supply chains with alcohol from neighboring EU countries or cooperate with network suppliers to offer alcoholic beverages with the food they deliver.
The Social Democrats’ group leader Lena Hallengren speaks SvD that she sees the verdict as a threat to Systembolaget’s monopoly and demands that the government review the legislation to “plug the holes”.
Social Affairs Minister Jakob Forssmed (KD) in turn tells the newspaper that the government will “analyze” the verdict, its consequences and possible measures.