The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services)

SUMMARY The case relates to a stand-alone claim for damages brought by Telesport AB (Telesport) against TeliaSonera Mobile Networks AB (Telia) and Svea Billing Services AB (Svea Billing). Telesport claimed that the two defendants had entered into an anticompetitive agreement or engaged in a concerted practice with the effect to exclude Telesport from the market, and that this had caused Telesport to suffer damages amounting to SEK 50 million. The Patent and Market Court dismissed the damages claim, holding that Telesport had not demonstrated the existence of an anticompetitive agreement or a concerted practice to exclude Telesport. The Patent and Market Court of Appeal upheld the judgment of the Patent and Market Court. FACTS Telesport was a provider of mobile phone subscriptions

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Helene Andersson, Karl Hammarlund, The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services), 3 February 2021, e-Competitions February 2021, Art. N° 101972

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