The Swedish Patent and Market Court has issued a significant ruling, dismissing all claims in a high-profile lawsuit against district heating provider Nevel.
The case, brought by several municipalities and housing companies, alleged that Nevel’s 2023 price increases constituted an "excessive pricing" abuse of a dominant position. However, the court ruled entirely in Nevel’s favor, providing several key clarifications for the industry:
Evidence is Paramount: The court found that the claimants failed to provide the necessary economic evidence regarding both market definition and dominance.
Price Level vs. Price Increase: Crucially, the court confirmed that "excessive pricing" is determined by the absolute price level, not the percentage size of a specific increase.
Benchmarking Matters: There was no evidence that Nevel’s prices were higher than those in comparable district heating networks.
This outcome underscores the critical importance of robust economic analysis in complex litigation cases. It also demonstrates the court's sophisticated ability to incorporate detailed economic assessments into its final decision.
RBB’s team led by Petter Berg
Petter BergPartner, assisted Nevel and its legal advisors Bokwall Rislund Advisors and Nybron Advokater throughout the course of the matter.
