Jacob Borum

On 12 June 2013, the Danish Competition Council (“DCC”) held that the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor Nordic”), had infringed Danish and European competition law (section 6 and 11 of the (...)

On 30 April 2013, Unilever Danmark A/S (Danish subsidiary of the international consumer goods manufacturer, Unilever) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some (...)

On 24 April 2013, BSH Hvidevarer A/S (Danish subsidiary of the international home appliances manufacturer, BSH) entered into a settlement with the Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act by imposing resale price (...)

On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)

On 16 January 2013 the Danish design company Georg Jensen A/S (manufacturer of jewellery, watches and home accessories) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on its (...)

On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

On 25 January 2012, the Danish Competition Council sent a letter to the Minister for Transport and the Minister for Business and Growth requesting that the aviation legislation be amended to allow the construction of a new competing terminal in Copenhagen airport next to the existing terminals (...)

On 25 March 2011, a Danish District Court convicted two environmental laboratories for bid rigging and imposed fines of DKK 500,000 (approx. EUR 67,000) on each of the two companies and fines of DKK 25,000 (approx. EUR 3,400) on each of the two directors. I. Background Miljølaboratoriet I/S (...)

On 18 March 2011, the Danish Supreme Court upheld a judgment by the Eastern High Courtfinding that the Danish broadcaster TV2 had abused its dominant position by granting loyalty enhancing rebates in connection with the sale of television advertising space, contrary to Section 11 of the Danish (...)

On 22 December 2010, the Danish Competition Council («DCC«) adopted a decision finding that the Danish incumbent postal carrier, Post Danmark A/S («Post Danmark«) had abused its dominant position in the national market for magazine mail by (i) granting individual target rebates to four large (...)

On 19 May 2010, the Western High Court overturned a judgment by the District Court of Århus which had imposed fines on the seven veterinary surgeons for fixing prices for the provision of veterinary services outside normal opening hours contrary to section 6 of the Danish Competition Act (...)

On 29 April 2010 the Danish Maritime and Commercial Court found that a provision in a license agreement according to which the licensee is required to pay royalty on sales even when the licensor’s IPR is not used was contrary to Article 101 TFEU and the equivalent provision under Danish law and (...)

On 29 April 2010 the Danish Parliament adopted amendments to the Danish Competition Act, the three most important being: (i) a significant lowering of the merger control threshold and amendments to the notification procedure; (ii) removal of the de minimis rule in relation to certain (...)

On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)

On 24 February 2010, the Danish City Court of Århus imposed fines on seven veterinary surgeons - each in the amount of DKK 75,000 (EUR 10,000) - for fixing prices for visits outside normal opening hours contrary to Section 6 of the Danish Competition Act (equivalent to Article 101 EU). (...)

On 25 November 2009, the Danish Competition Council adopted a commitment decision, cf. Section 16 a of the Danish Competition Act, whereby the Textile Services Association undertook to cease the exchange of a cost index for industrial laundries and to disband the association’s cost-index (...)

On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

On 3 September 2009, the Danish Eastern High Court reduced the fines imposed by the City Court of Copenhagenon the Danish Coach Drivers’ Association, its director and its deputy director for infringing Section 6 of the Danish Competition Act (equivalent to Article 81 EC) by encouraging its (...)

On 22 June 2009, the Danish Eastern High Court overturned a decision by the Competition Appeal Tribunal - thereby confirming the earlier decision by the Danish Competition Authority - and found that the Danish broadcaster TV2 has abused its dominant position by granting loyalty enhancing (...)

The Danish Eastern High Court awards damages in the amount On 20 May 2009, the Danish Eastern High Court awarded damages in the amount of DKK 75 million (EUR 10 million) to a Danish distributor of unaddressed mail for loss suffered as a result of the Danish Postal Service’s abuse of a dominant (...)

On 17 February 2009, a Danish Court found that the Danish Christmas Tree Growers Association and its director had infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by having issued price recommendations to its members. The Court (...)

On 27 November 2008, the Danish flour producer Valsemølle A/S and its director accepted fines of DKK 1 million (EUR 134,000) and DKK 100,000 (EUR 13,000) respectively for having infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by (...)

On the 20 April 2008, the association Nautisk Udstyr ApS, accepted to pay a fine of DKK 400,000 (EUR 53,000) for infringing the Danish Competition Act. The association’s director and Chairman also each accepted a personal fine of DKK 25,000 (EUR 3,000) for their involvement. The investigation (...)

On February 1st, 2008, the Danish Supreme Court upheld a judgment by the Appeal Court for Eastern Denmark denying damages to the Danish telecommunications operator Telia Telecom A/S (“Telia Telecom”). Telia Telecom claimed to have suffered damages as a result of a dawn raid carried out by the (...)

On 21 December 2007, the Danish Eastern High Court upheld a decision by the Danish Competition Appeals Tribunal according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers (...)

On 27 November 2007 the Danish District Court of Roskilde found that the mobile phone distributor Telemobilia ApS (“Telemobilia”), and its director had fixed prices with two other mobile phone distributors (Aircom Erhverv and Jokerprice). The court imposed a fine of DKK 125,000 (EUR 17,000) on (...)

On 4 October 2007 the Danish District Court of Horsens found that an association of Danish inns and hotels, Danske Kroer & Hoteller, had decided to restrict competition by imposing minimum prices on its members through its bylaws. The court imposed a fine of DKK 400,000 (EUR 54,000) on DKH. (...)

On 10 May 2007, the Danish Parliament adopted changes to the Danish Competition Act which introduce a leniency programme and strengthen the enforcement powers of the Danish Competition Authority (“DCA”). The amendments enter into force on 1 July 2007. In Denmark, the competition rules are (...)

On 28 March 2007, the Danish Competition Authority (“DCA”) issued a decision condemning a cartel between seven local Danish banks. Background Following a tip-off from a journalist, the DCA conducted dawn raids at seven local Danish banks in June 2006. The DCA found evidence that the banks had (...)

Danish Parliament (Folketinget), 22 February 2007, 2006-07 - L 41 (som vedtaget), Forslag til lov om ændring af retsplejeloven og forskellige andre love. (Gruppesøgsmål m.v.) (Amendment to the law on civil procedure (class action etc.)) On 22 February 2007, the Danish Parliament approved an (...)

On 27 November 2006, the High Court of Western Denmark upheld a decision by the Danish Competition Appeal Tribunal finding that an IT-system through which the supplier was informed on a daily basis of independent retailer’s sales prices and contribution margins on individual items effectively (...)

On 10 February 2006, the Danish Competition Appeal Tribunal (“D-CAT”) partially annulled a decision by the Danish Competition Council (“DCC”) condemning the Danish incumbent telecommunications operator, TDC, for abusing its dominant position under section 11(1) of the Danish Competition Act by (i) (...)

Background Arla Foods Amba (“Arla”) is Denmark’s largest diary company with an annual turnover in 2003-2004 of DKK 47,608 million (EUR 6,390 million). Hirtshals Andelsmejeri (“Hirtshals”) is a smaller diary company in competition with Arla. In October 2003 Hirtshals contacted the Danish (...)

On 26 October 2005, the Danish Competition Council (“DCC”) adopted a decision condemning Mazda Motor Denmark for abusing its dominant position under section 11(1) of the Danish Competition Act by informing its authorised dealers and repairers that it intended to carry out surprise inspections at (...)