Sweden

European Commission: Sweden Must Implement Directive on Competition in the Markets for Electronic Communication, Networks and Services

IRIS 2005-5:1/22

Mara Rossini

Institute for Information Law (IViR), University of Amsterdam

The European Commission has in a “reasoned opinion” formally requested Sweden to implement Directive 2002/77/EC of 16 September 2002 as it has failed to comply with the prescribed deadline of 24 July 2003.

Commission Directive 2002/77/EC aims to foster competition in the markets for electronic communications networks and services by allowing any company to operate broadcasting networks and to provide broadcasting services.

By failing to implement this Directive, Sweden has maintained a monopoly to the benefit of a state-owned company (Teracom AB) from which several domestic broadcasters using analogue, terrestrial broadcasting services have been forced to acquire broadcasting and transmission services. Such broadcasters as TV4 AB, Sveriges Television AB, Utbildningsradion AB and Sveriges Radio AB have therefore suffered a competitive disadvantage.

Should Sweden fail to comply within two months of receipt of the “reasoned opinion”, the European Commission will refer the case to the European Court of Justice.