Anticompetitive public sales activities

Here you will find the decisions and judgments from the Patent and Market Court and the Patent and Market Court of Appeal in competition cases as well as the decisions or summons applications made by the Swedish Competition Authority before the case went to court. You will also find information on decisions on injunctions, fine orders and commitments, as well as decisions to close a case in selected cases of a wider interest. The summaries in English cover cases concluded from 2012 onwards. Summaries of older cases are available in Swedish.

 

Company/actor


 

 

Swedish Competition Authority

Patent and Market Court (Stockholm District Court in cases prior to 01/09/2016)

Patent and Market Court of Appeal (Market Court in cases prior to 01/09/2016)

Borås kommun mark- och anläggningsentreprenader

Press release: Summons application

Press release: The judgment from Stockholm City Court

Press release: The judgment from the Market Court

23/01/2012
(Ref. no. 45/2012)
Claim that Borås Municipality be prohibited from carrying out sales activities, and from providing ground and construction contract works, to anyone other than Borås Municipality, under penalty of a conditional fine of SEK 3 million.

31/03/2014
(T 911-12)
Stockholm District Court upheld the Authority’s action and prohibited the Municipality from carrying out the activities.

The Municipality appealed the decision to the Market Court.

15/02/2016
(MD 2016:3)
The Market Court set aside the District Court’s judgment and denied the Authority’s claim that Borås Municipality’s ground and construction works should be prohibited.

Växjö Municipality – district heating

Press release: Summons application

Press release: The judgment from Stockholm District Court

19/06/2013
(Ref. 380/2013)
Claim that Växjö Municipality be prohibited from applying terms in contracts for the sale of land for the construction of houses which contained a requirement of connection to district heating or a ban on installing heat pumps, or similar conduct.

16/11/2015
(T 9248-13)
Stockholm District Court did not uphold the Authority’s action. The Authority appealed the judgment to the Market Court.

2016-07-13
(A 2/15)
The Authority withdrew the appeal in the Market Court, after which the case where written off and the judgment from Stockholm District Court gained legal force.

having gained legal force

Strömstad badanstalt

Press release: Summons application

Press release: The judgment from the Market Court

12/10/2012
(Ref. 628/2012)
Claim that AB Strömstads Badanstalt be prohibited from carrying out gym activities, day spa activities and other similar sales activities, subject to a conditional fine of SEK 2 million.

09/04/2014
(T 16810-12)
Stockholm District Court did not uphold the Authority’s action. The Authority appealed the decision to the Market Court.

10/07/2015
(MD 2015:12)
The Market Court confirmed the District Court’s judgment.

Räddningstjänsten Dala Mitt

Press release: Summons application

 

 

26/05/2011
(Ref. 304/2010)
Claim  that Räddningstjänsten Dala Mitt be prohibited from refusing a competing company access to a training area.

30/01/2013
(T 7924-11)
Stockholm District Court did not uphold the Authority’s action. The Authority appealed the judgment to the Market Court.

 31/01/2014
(MD 2014:1)
The Market Court reversed the District Court’s judgment and Räddningstjänsten Dala Mitt’s conduct was prohibited in line with the Authority’s claim, under penalty of a conditional fine of SEK 1 million.

Skelleftebuss

Press release: Summons application

Press release: The judgment from Stockholm District Court

31/05/2011
(Ref. 391/2011)
Claim that Skelleftebuss Aktiebolag be prohibited from carrying out sales activities in the form of charter transport for anyone other than Skellefteå Municipality.

12/07/2013
(T 8160-11)
Stockholm District Court upheld the Authority’s action and prohibited Skelleftebuss from carrying out the activities, under penalty of a conditional fine of SEK 1 million.

 

Mälarenergi - broadband

Press release: Summons application

22/07/2011
(Ref. 438/2011)
Claim that Mälarenergi Stadsnät AB be prohibited from carrying out sales activities in the form of providing communications operator services in Eskilstuna Municipality and in Hallstahammar Municipality, under penalty of a conditional fine of SEK 3 million.

11/04/2014
(T 9290-11)
After the summons application was submitted, the sales of communications operator services were reorganised into a municipal association together with Eskilstuna and Hallstahammar municipalities. The Authority therefore withdrew its action.

 


Decisions to close cases (selection of  cases of wider interest)

 

 Company/actor

The Swedish Competition Authority

Helsingborgs stad – wireless internet 

14/12/2015
(Ref. 706/2014)
When Helsingborg opened several zones for free wifi in outdoor public areas in central areas of the city the Authority initiated an investigation to determine whether it infringed the competition rules. The Authority’s view was that, to a great extent, Helsingborg’s actions lacked a basis in the Local Government Act. However, to intervene under the Competition Act the conduct must also have a significant market effect. The Authority considered that Helsingborg had not yet crossed this line and were therefore of the view that there were not grounds to intervene. The Authority closed the case.

 InPort, Helsingborg Municipality

02/09/2015
(Ref. 535/2012)
After the Authority initiated an investigation concerning Helsingborg Municipality’s sales of logistics solutions to terminals through a wholly-owned subsidiary InPort, Helsingborg Municipality sold the company. Based on this the Authority closed the case.

Malmö Municipality – bowling arena

30/01/2013
(Ref. 62/2012)
After the Authority initiated an investigation concerning Malmö Municipality’s proposal to have a national arena for bowling built in Malmö and to rent this out, the Municipality withdrew its plans. Based on this the Authority closed the case.

 SMHI

02/07/2012
(Ref. 800/2011)
After the Authority initiated an investigation concerning SMHI’s fee policy for basic information such as data and products from SMHI’s government-funded activities, SMHI decided that from 1 January 2014 basic information would be made freely available and delivery fees would be set at marginal cost at most. Based on SMHI’s decision to change its fees the Authority decided not to investigate the matter further.

Kristianstad Municipality – emergency call services

06/03/2012
(Ref. 270/2011)
After the Authority initiated an investigation concerning the municipal emergency service’s sale of emergency call services, the emergency service decided to terminate those contracts that were deemed to be anticompetitive. Based on this the Authority decided not to investigate the matter further.

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