Marknadsstörningsavgift En direktverkande sanktion i MFL?

Sammanfattning: If the rules of the Swedish Marketing practices act are violated, there are different sanctions to apply. The ordinary sanction is to forbid the marketing with a fine, which means that the marketing company has to pay an amount of money if he doesn´t stop the prohibited act of marketing. Another sanction, which is much more unusual, is the disturbance fee. This sanction is connected to a line of violations in the act and is more direct-acting than the other sanction. The sanction is also suitable depending on the kind of violation and of what type of company guilty of the violation. The fee has to have the amount between five thousand and five million Swedish crowns due to the extent of the violation. I´ve chosen to investigate why this, that seems to be a smooth sanction, is hardly ever used in case law. The act itself seems to be a bit weak when most of the violations are followed by a prohibition and a fine. This is hardly something that effect the marketing company if he or she doesn´t further violate the act. Due to the time it takes to affirm a prohibition, a company can market a campaign violating the act and finish it, before the violation is confirmed and thereby get rid of any effect from a sanction or penalty. When the latest Swedish Marketing practices act was introduced, the consultant bodies were longing for to see more of the disturbance fee being used as a sanction on case law. This hasn´t happened yet. This essay is about the reasons why.