Victory for Europea in the Market Court

– A letter to the authority did not constitute marketing

On 22 December 2014, Europea i Malmö AB won an important and unusual case in the Market Court. The case concerned an alleged discrediting of rival nWise. On 1 June 2013, Europea had sent a letter to state-owned Post and Telecom Agency (PTS) with information that nWise was using open source software in violence of its licence, information that Europea, in turn, had received from the American rights holder of the code.

nWise claimed that PTS was a customer or potential customer of both parties, and that PTS had received the letter in the capacity of a commercial player in the market for communication aids for people with disabilities. The Market Court assessed the situation in the same way as Europea, namely that the letter sent to PTS was protected by freedom of speech according to chapter 2, § 1 of the Constitution Act.

As the letter and its contents were considered to be protected by the constitution, nWise’s action was dismissed. According to Market Law, no material review of the letter’s contents was therefore necessary. The decision is of principle importance to the future application of the law.

Lawyers Stefan Wendén and Maria Yngner from Moll Wendén represented Europea.

Contact person at Moll Wendén:

Stefan Wendén, Lawyer and Partner
Phone: + 46 703 26 65 25, stefan.wenden@mollwenden.se