The regions' multibillion-dollar record system deal may be against the law

In 2018, Cambio won the deal for a new records system for nine regions. But the company could not deliver as agreed. The regions then signed additional agreements instead of demanding fines for the missed deliveries.

This may violate the law, according to Andrea Sundstrand, docent in public law at Stockholm University.

- We are talking about taxpayers' money. If you have the right to white, then you can't just say no, we ignore it. Then the taxpayers' money is given away. In addition, you favor that supplier in relation to others, she says.

The journal system Cosmic

Secret private emails in the regions' billion business

The backup system in Cosmic also failed – the healthcare system in Halland could not access medical records

- It could be illegal state aid or other forms of illegal favoring of a certain supplier.

Led to strong reactions

Chairman of Sussa collaboration, Mats Lundin:

- There is currently no firm assessment that this would be illegal state aid. It is very important to emphasize that the regions' actions did not favor the supplier.

- You have to make an assessment about what was best for the care, the patients and the taxpayers, he says.

The supplementary agreements led to strong reactions within the regions. A lawyer's investigation, ordered by Sussa officials, concluded that it could be unauthorized direct procurement.

A regional official sent the investigation to the Swedish Competition Authority. The Sussa management reported the employee to the police for breach of confidentiality.

Wanted to secure delivery

Sussa's operational manager Niklas Lindberg told police interrogations that they waived the fine in order to secure the delivery by saving Cambio:

"That would mean they go bankrupt. The assessment made with our lawyers and regional directors was that we must do everything we can to save the agreement, get a product and not sabotage the rest of Sweden," he says in the hearing.

The prosecutor dropped the preliminary investigation and dismissed the police report as "shameful".

Sussa chairman Mats Lundin:

- If we had been fined, it would of course have meant a lengthy legal process. It could also have meant that the entire procurement had had to be redone and that would have resulted in very high costs, he says.

The Swedish Competition Authority found that it was an unauthorized direct procurement. The Administrative Court acquitted the regions. The verdict was appealed to the Court of Appeal, which sentenced the regions to a total of SEK 90 million in procurement damages.

The sentence will now be reviewed by the Supreme Administrative Court.