Supreme Court dismisses Levikom appeal, 5G competition can continue
The Supreme Court of Estonia has announced it has dismissed Levikom Eesti OÜ's appeal against a Tallinn Circuit Court judgement which found that the state had been in the right in the terms of the 5G competition.
Levikom wasn´t satisfied with the circuit court´s decision that the Ministry of Economic Affairs and Communications did the right thing by allowing for only three frequency permits on the 5G frequency permit competition, appealing the decision to the Supreme Court in January this year.
The Supreme Court has decided not to proceed with Levikom´s complaint.
Since the circuit court´s decision will now take effect following on from the supreme court decision, the primary law enforcement set on April 9, by which the court forbade the competition for the duration of the trial, will also expire.
The circuit court had agreed with the Tallinn Administrative Court that dismissed Levikom's appeal, according to a regulation from the Economic ministry setting up a public tender procedure for 3410-3800 MHz radio frequency permits for the 5G networks, and the decision made by the Consumer Protection and Technical Surveillance Authority (TTJA) announcing the competition for sharing frequencies.
The main issue for the administrative and circuit courts was whether the regulations to give three frequency permits, instead of four, go against freedom of enterprise or not. Levikom has argued that the competition regulation was wrongly drafted, and that the 5G frequency permit is to be given to the three major mobile operators, Telia, Elisa and Tele2 by dividing the band into three parts.
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Editor: Roberta Vaino