The High Court will be asked next week to fix a date for the hearing of an application by Smart Telecom for an injunction directing Eircom to remove alleged restrictions on its broadband service.

Smart claims the alleged restrictions are causing it commercial damage.

Smart is seeking the injunction pending the outcome of the full hearing of proceedings, brought under the Competition Act 2002, in which it alleges Eircom is abusing its dominant position in the broadband market.

Smart claims the alleged restrictions on Eircom's broadband service include a notice of termination served on Smart by Eircom on May 20th last after Smart refused to provide a €4.9 million deposit as a form of security for future trading.

The security was sought following a credit assessment on Smart conducted by Dun and Bradstreet, which Smart claims was flawed. Smart had offered a €2 million rolling security which was rejected by Eircom.

Both sides have said they were anxious for an early hearing. The judge listed the application for mention next Thursday.