Skyldigheten att offentliggöra insiderinformation - Särskilt en utredning av rekvisitet så snart som möjligt i artikel 17(1) MAR

Sammanfattning: The Market Abuse Regulation (MAR) came into force on 3 July 2016 and replaced the previous Market Abuse Directive (MAD). Among the obligations regulated by MAR, there is a duty for the issuer to publish inside information. According to article 17 (1) MAR, the issuer is obligated to inform the public concerning inside information directly affecting the issuer as soon as possible. The issuer must also ensure that the inside information is made public in a manner which enables fast access and complete, correct and timely assessment of the information by the public. The purpose of the essay is to clarify the meaning of the criterion as soon as possible in article 17 (1) MAR. The essay refers in particular to a situation where information that constitutes inside information arise after the marketplace has closed. This study has proved to be problematic due to MAR´s general design and the limited amount of national and EU legal practice. Based on the available material, it can be stated that it is not feasible to establish a clear time frame for the criterion as soon as possible. The assessment of whether a publication has taken place as soon as possible must always be made on a case-by-case basis. In summary it can be stated that it is an urgent procedure that does not allow for delays beyond what is necessary for administration. The criterion does not impose the issuer to publish inside information immediately in all situations. However, time must be reduced so that the publication takes place as soon as the information provides an opportunity to make a complete and correct assessment. It is not excluded that a vague requirement is necessary due to the many events and circumstances that inside information may include. However, further legal guidance is needed to clarify the situation.