Huawei believes it’s being unfairly treated by the US and is suing the government in a bid to overturn a ban of its equipment.

On Wednesday, the Chinese telecoms giant paid a visit to Eastern Texas’ federal district court to request a permanent injunction against the ban.

Huawei is even seeking a declaratory judgement the ban was unconstitutional.

The US has banned Huawei over fears of Beijing state control and that its equipment could be used for surveillance purposes. It has been lobbying its allies, particularly those in the ‘Five Eyes’ relationship, to also ban Chinese equipment.

In a statement, Huawei Rotating Chairman Guo Ping said:

“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort

This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming US consumers.”

Many operators have expressed fears the ban of Huawei equipment will slow the rollout of 5G, make it more costly, and prevent access to innovative gear. Some experts have refuted those claims.

Vinod Nair, a senior partner at Delta Partners, told CNBC earlier this week:

“Even if Huawei was permanently excluded from the US, its competitors like Nokia, Ericsson, Verizon, and AT&T – to name a handful – have the scale to ensure that the US is fully catered for. Qualities like speed are unlikely to suffer in the US in this scenario.”

Speaking at an event in London yesterday, former Australian PM Malcolm Turnbull lamented it ‘beggars belief’ that no Five Eyes member has a leading 5G vendor despite pioneering wireless technology.

Huawei’s cyber security chief John Suffolk said the company was “the most open and transparent company in the world”. The firm was criticised, however, for cutting a live feed of its conference before journalists could ask questions.

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