In 2006, two Swedish municipalities (Haparanda and Övertorneå kommun, hereinafter referred to as the “Municipalities” ) filed a complaint to the Swedish Competition Authority (“SCA”), accusing a number of electricity companies (“Ekforsbolagen”) of abusing their dominant position by refusing to supply electricity for street and road lighting. The SCA declined to take action and the Municipalities brought an action before the Swedish Market Court and requested that the Market Court impose a conditional fine of EURO 434,000 for every week that Ekforsbolagen did not switch on the street and road lights [1]. In addition to contesting the decision generally, Ekforsbolagen also contested the Municipalities' allegations arguing that they did not have standing since they were not undertakings
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The Swedish Market Court holds that the electricity network for municipalities street and road lighting is not an essential facility and rejects alleged abusive refusal to supply and increase in price (Ekfors)
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