Finally x2: Hässleholm must not exclude private operators from laying down fiber

On Thursday, December 17, the Patent and Market Court issued a long-awaited ruling prohibiting Hässleholm municipality from stopping competitors who want to dig fiber in the municipality.

Getting to this point has been a long and legally complex process. The case began back in October 2015 when the municipality of Hässleholm decided that private companies were not allowed to bury fiber cables for broadband. IT&Telekomföretagen then reported the decision to the Swedish Competition Authority. In September 2017, the Swedish Competition Authority filed a lawsuit with the Patent and Market Court demanding that the municipality of Hässleholm be prohibited from inhibiting and distorting competition in the market by refusing to grant land to private companies that want to bury fiber. On March 8, 2019, the first verdict came and already then the court found that the municipality's actions were wrong. But Hässleholm municipality chose to appeal to the Patent and Market Court of Appeal, which referred the case back to the Patent and Market Court because it considered the judgment to be unclear. This is therefore the reason why the Patent and Market Court has now re-examined the issue.

- Court processes take time. And it can be discouraging when processes have to be repeated. But then it is a little extra gratifying when the result (once again) is right. Once again, the court finds that the municipality's decision distorts and inhibits competition and prohibits the municipality from making decisions without individual assessment. This is a fair and good verdict," says My Bergdahl, industry policy expert at IT&Telekomföretagen.

To the decision of the Patent and Market Court: https://www.domstol.se/nyheter/2020/12/patent-och-marknadsdomstolen-forbjuder-hassleholms-kommun-att-tillampa-konkurrensbegransande-forfarande/