Denmark, Gorrissen Federspiel updates

Competition & Antitrust

Contributed by Gorrissen Federspiel
Supreme Court judgment on legality of consortium agreement
  • Denmark
  • 23 January 2020

The Supreme Court recently rendered a much-anticipated judgment on the legality of consortium agreements under competition law. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking work. This ruling marks an increasingly restrictive practice, which may affect forms for cooperation other than consortia.

CAT upholds decision on outdoor media owners' discount rates
  • Denmark
  • 12 December 2019

The Competition Appeals Tribunal recently upheld a decision by the Competition Council which found that two outdoor advertising companies, Clear Channel Danmark A/S and AFA JCDecaux A/S, had coordinated discount rates through an agreement. The council found that this anti-competitive behaviour had continued as a concerted practice for several years after the agreement had expired.

Fines issued for cartel activity, price coordination and non-notification of merger
  • Denmark
  • 03 October 2019

Several fines were handed out during Summer 2019 for Competition Act infringements. A group of cases regarding bid rigging in the demolition and plumbing industries were settled with fines issued to companies and management. In addition, the Danish association of camera distributors agreed to pay a fine for price coordination and Circle K Denmark A/S was fined for infringing merger control rules.

Maritime and Commercial Court finds HMN and competitors guilty of illegal price coordination agreement
  • Denmark
  • 25 July 2019

The Maritime and Commercial Court recently upheld a decision by the Competition Appeals Board which had found that a price coordination agreement between HMN Naturgas I/S, two sub-contractors and a trade association had as its object the restriction of competition. An interesting takeaway from the judgment is that the Maritime and Commercial Court viewed separable components of an agreement in isolation.

Recent restrictive agreement decisions
  • Denmark
  • 09 May 2019

In recent months there have been a number of significant cases concerning restrictive agreements in Denmark. For example, a cooperative purchasing society was found guilty of coordinating prices, several judgments were issued regarding cartel infringement in the form of bid rigging in the demolition industry and a company executive was fined for imposing minimum resale prices on hair products.

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