Gorrissen Federspiel updates

Fines issued for cartel activity, price coordination and non-notification of merger
Gorrissen Federspiel
  • Competition & Antitrust
  • 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
Gorrissen Federspiel
  • Competition & Antitrust
  • 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
Gorrissen Federspiel
  • Competition & Antitrust
  • 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.

Competition Council finds that Falck abused its dominant position
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 21 February 2019

The Competition Council recently handed down a highly publicised decision finding that the ambulance and assistance company Falck Danmark A/S had abused its dominant position on the Danish market for ambulance and pre-hospital support services by establishing and carrying out a general strategy to exclude its competitor from the market.

Recent decisions on excessive pricing, abuse of dominance, cartel penalties and gun jumping
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 20 December 2018

There were a number of significant events in Danish competition law in Autumn 2018. For example, one of Denmark's most significant abuse of dominance cases ended following the High Court of Western Denmark's issuance of its final decision. Further, the Competition Appeals Tribunal confirmed that Swedish pharmaceutical distributor CD Pharma AB had abused its dominant position and a widely discussed gun-jumping case was finally decided after a preliminary ruling from the European Court of Justice.

Standard setting in roofing felt business was not by object infringement
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 18 October 2018

The Competition Appeals Tribunal recently rendered a decision in a case concerning the possible coordination of conduct regarding industry standards in the roofing felt business. The tribunal remitted the case to the Competition Council for renewed assessment because of an insufficient by object assessment. The so-called 'by object box' has been widely debated among legal professionals in Denmark and the rest of the European Union.

Maritime and Commercial High Court judgment on legality of consortium agreement
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 13 September 2018

The legality of consortium agreements under competition law has been widely debated in recent years. The Maritime and Commercial High Court recently rendered a much-anticipated judgment on this subject and repealed the competition authorities' 2015 and 2016 decisions in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking work.

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

Current search