Svenska Förpacknings- och Tidningsinsamlingen, FTI, does not have to provide its competitor TMResponsibility, TMR, access to recycling stations. The decision of the Patent and Market Court of Appeal differs from the findings of the Swedish Competition Authority and the lower court.
FTI and TMR collect packaging from households through FTI’s recycling stations. FTI decided to terminate the agreement that previously granted TMR access to FTI’s recycling stations.
The Swedish Competition Authority (SCA) held that FTI's termination of the agreement with TMR constituted an abuse of a dominant position under the Swedish Competition Act. In February 2018, the SCA therefore ordered FTI to revoke the termination of the agreement. The decision was accompanied by a penalty of SEK 20 million that could be imposed if FTI failed to comply with the order.
Following FTI’s appeal, the Patent and Market Court upheld the Competition Authority's decision in January 2019. FTI appealed against the decision to the Patent and Market Court of Appeal, which has now made a different assessment. The court has therefore overturned the Competition Authority's decision that FTI must revoke its termination of TMR.
– I note that the court’s finding is different from the previous findings of the SCA and the Patent and Market Court. We will now read and analyse the decision to identify what conclusions the Authority can draw for the future, says Karin Lunning, Deputy Director General of the Swedish Competition Authority.
The decision of the Patent and Market Court of Appeal cannot be appealed.