Gorrissen Federspiel updates

Decision on excessive pricing in electricity sector repealed, but it's not over yet
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • July 19 2018

One of Denmark's biggest abuse of dominance cases is coming to an end following the High Court of Western Denmark's issuance of its final decision, which repealed the Competition Council's decision. However, the Competition and Consumer Authority has sought permission to appeal the case to the Supreme Court. The case shows the importance of economic analysis in abuse of dominance cases. Establishing excessive pricing requires extensive economic analysis and there seems to be a high bar for proof.

First Danish cartel case with risk of imprisonment
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • May 17 2018

The Danish Competition and Consumer Authority recently reported a case of bid rigging in the demolition industry to the State Prosecutor for Serious Economic and International Crime. Six companies and a number of executives from each company have now been charged. This is the first case in Denmark in which the defendants risk imprisonment due to the infringement of competition law. Prison sentences for such offences were introduced in 2013.

Competition Council finds that CD Pharma abused its dominant position
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • April 05 2018

The Competition Council recently found that Swedish pharmaceutical distributor CD Pharma AB had abused its dominant position in Denmark by charging excessive prices. The Competition Council ordered CD Pharma not to engage in similar behaviour in future and referred the case to the State Prosecutor for Serious Economic and International Crime for criminal prosecution.

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