Kommunala gym och konkurrensen
Sammanfattning: This essay revolves around Swedish municipalities' operation of gyms, a phenomenon that makes the municipalities act as players on the open market. As more and more of the public and private sectors have merged the number of competitive conflicts that this has caused has also increased. The private sector has, for decades, complained that it feels it is an issue and that the public sector is not acting competitively neutral. In order to bring clarity to the question regarding the admissibility of municipal operation of gyms several aspects were examined. This includes: the extent of municipal competence, the extent to which competition law is capable of correcting any distortions of competition, and to what degree EU law is compatible with public actors and their behavior on the open market. The author in his investigation concludes that municipal operation of gyms is, seen from the viewpoint of Swedish preparatory work as well as the general EU legal emphasis on market liberalization, essentially an unwanted side effect of several regulations that evolved independently of each other. Attempts to fix this problem have been made, particularly by the 2010 introduction of the Conflict Resolution rule in the Swedish Competition Act, which seeks to regulate public sales operations. The author notes, however, that this can only be helpful at times when it can be demonstrated that an anti-competitive process actually takes place. It is still not possible to prohibit a municipality to operate an existing business, solely on the basis that the municipality is not competent to do so. Most likely this is a result of a local government need for legal certainty for decisions made once the review period for the legality of said decision expires. The conclusion is that this is not a problem which is fully possible to remedy within current legislation and the author predicts, in accordance with the underlying political will to increasingly move towards a competitive and efficient market state that future regulations will in one way or another compel municipalities to take a truly neutral competitive position.
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