Danish Competition Authority

THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)

FINE OF DKK 30 MILLION TO FALCK* The City Court of Copenhagen has imposed a fine of DKK 30 million to the ambulance service company Falck Danmark A/S for abuse of dominant position. Falck abused its dominant position by excluding its competitor BIOS from ambulance services in the Region of (...)

Court: Agreement between media agencies constituted anti-competitive customer allocation* Danish Maritime and Commercial Court confirms Competition Council decision: Agreement between media agencies constituted anti-competitive customer allocation. In August 2017, the Danish Competition (...)

The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”* On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between the (...)

The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)

Denmark: Demolition Company fined DKK 1 million in bid rigging case* The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two members (...)

Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

Excessive Pricing in Pharmaceutical Markets* Intervention against possible exploitative and excessive prices should always be considered carefully. However, the dynamics of pharmaceutical markets makes it particularly relevant for competition authorities to prioritise cases on unfair (...)

Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company DKK 300.000 each for having participated in cartel agreements in the (...)

Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

Outdoor media owners illegally agreed to fix discounts for several years* The two competing media owners Clear Channel Danmark A/S and AFA JCDecaux A/S, who both sell advertising space in outdoor-media, agreed to common discounts in violation of the Danish Competition Act. Chairman of the (...)

Denmark: City Court acquits construction companies in bid rigging case* The City Court of Odense acquitted the construction companies Jorton A/S and H. Skjøde Knudsen A/S as well as three members of the management in a bid rigging case. On 12 December 2018, the City Court of Odense acquitted (...)

The Danish Competition Council has approved the merger between Tryg Forsikring A/S and Forsikrings-Aktieselskabet Alka subject to commitments* On 19 March 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Tryg Forsikring A/S’ (hereinafter (...)

Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

Teller has abused its dominant position by using rebates conditional on exclusivity and provisions regarding exclusivity* On the 29th of August 2018 the Danish Competition Council (“DCC”) ruled in a case concerning Teller’s (a merchant acquirer) abuse of dominant position by use of rebates (...)

New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

The Danish Competition Council finds that a decision by an association of passenger carriers on coordinating the association’s bids is illegal* On February 28, 2018, The Danish Competition Council (DCC) has found that, the association of passenger carriers Økonomisk Forening for Persontransport (...)

CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug Syntocinon. (...)

Denmark: Real estate chain and the Danish Association of Chartered Estate Agents sentenced to fines for unlawful boycott* On January 30, 2018, the City Court of Copenhagen passed sentence upon the real estate chain EDC-Gruppen A/S and the Danish Association of Chartered Estate Agents for (...)

Denmark: Construction company pays fine in settlement for bid rigging* On 11 January 2018, the contruction company Troels Jørgensen A/S entered into a settlement with a competitor for infringing section 6 of the Danish Competition Act. The company accepted to pay a fine of DKK 3,200,000 (€ (...)

Commitment decision on free choice of provider of cash handling and cash transportation services* The Danish Competition and Consumer Authority (“DCCA”) has accepted commitments offered by the parties in a case concerning an agreement on supply of cash handling and transportation services. The (...)

Association of camera distributors has coordinated prices and exchanged information about its members prices and other competitive parameters* On 1 December 2017, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behaviour regarding the camera market. The DCC (...)

Denmark: The Danish Competition Council finds that agreement between service providers on their subscription price for service on natural gas boilers is illegal.* On November 30 2016, The Danish Competition Council (“DCC”) found that HMN Naturgas I/S (“HMN”), DEBRA – Energibranchen (“DEBRA”), (...)

The Competition Council: Tighten up regulation for public players on commercial markets* The Danish Competition Council publishes recommendations on how to avoid public commercial activities distorting competition with private businesses on commercial markets. On May 26th 2016 the Danish (...)

Denmark: ”Franchise chain in Denmark pays fine in settlement for fixed selling prices and shared markets of supply with respect to milking robots”* In April 2016, the franchisor Lely Nordic A/S, three Danish franchisees and a person from the management in Lely Nordic A/S entered into a (...)

The Danish Competition Appeals Tribunal confirms that consortia agreement between two road-contractors was illegal* On 11 April 2016, the Danish Competition Appeals Tribunal upheld a decision by the Danish Competition Council (DCC) of 24 June 2015. The DCC had found that LKF Vejmarkering A/S (...)

The Danish Competition Council has made Botjek A / S’ commitments binding* Botjek A/S has proposed commitments in order to ensure that the members of the Botjek chain are free to compete with each other to perform building condition reports, reports on the conditions of electrical installations (...)

The OECD recommends improvements in framework and procedures for Danish competition cases* A very thorough examination of Danish competition policy and of the work of the Danish competition authorities has resulted in recognition of the authority and in recommendations concerning the Danish (...)

The Danish Competition Council decides that consortia agreement between two road-contractors is illegal* On the 24th of June 2015 the Danish Competition Council found, that LKF Vejmarkering A/S (LKF) and Eurostar Danmark A/S (Eurostar) have infringed Section 6 of the Danish Competition Act and (...)

Divestment of production facilities proves necessary for the approval of agricultural inputs merger* Danish Agro commits itself to divest two production facilities to receive the approval of the merger with Dan Agro, which owns Hedegaard Agro. The merger was approved by the Danish Competition (...)

ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The Danish Competition Council recommends new regulation of specialist practitioners* The Danish Competition Council (DCC) recommends that the Minister for Health changes the regulation concerning specialist practitioners in order to improve competition between the specialists and shorter (...)

Danish wholesale distributors of medicine have infringed competition rules* The Danish Competition Council has required the two largest distributors on the Danish market, Nomeco A/S and Tjellesen Max Jenne A/S, to put an end to their coordination of fees and other trading conditions. Director (...)

Largest fine ever imposed in a competition case - Construction company pays fine in settlement for bid rigging* On 3 November 2014, the Danish construction company Elindco Byggefirma A/S entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime (...)

Approval of Triton’s acquisition of Scandinavian Business Seating Holding AS, cf. Section 12c(2) of the Competition Act* On 11th September 2014, the Danish Competition and Consumer Authority (“the Authority”) received a full notification of a proposed merger pursuant to Section 12b(1) of the (...)

Denmark: ”Construction company pays fine in settlement for bid rigging – first case closed in construction industry cartel”* On 14 July 2014, the company N.H. Hansen & Søn (a Danish construction company) entered into a settlement with the Danish Public Prosecutor for Serious Economic and (...)

Press Release published on the official website of the Danish Competition and Consumer Authority. Denmark: ”Distributor of white goods pays fine in settlement for resale price maintenance and prevention of parallel imports and passive sales”* On 10 July, 2014, the company Witt Hvidevarer (a (...)

Franchise chain has fixed selling prices and shared markets of supply with respect to milking robots* On 25 June 2014, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behavior regarding the market for milking systems, the market for repair and maintenance of (...)

Competition analysis of “Betalingsservice”, a Danish direct debit product* The Danish direct debit product, Betalingsservice, is one of the best-known payment solutions in Denmark. Betalingsservice was launched in 1974 by PBS (now Nets Holding) and 95 % of households are using the product. In (...)

The Danish Competition Council Abolishes a Commitment from DONG Energy* On 28 May 2014 the Danish Competition Council abolished a commitment from a merger between Elsam (now DONG Energy) and Nesa in 2004. The commitment obliged DONG Energy to auction 600 MW electricity generation capacity (...)

Denmark: Merger in the audit industry approved with commitments* The Danish Competition Council (DCC) has approved EY’s takeover of KPMG in Denmark, subject to commitments. The purpose of the commitments is to support the reestablishment of KPMG International’s presence in Denmark so that KPMG (...)

Denmark: The Danish Competition Council approves Jyske Bank A/S’ acquisition of BRF kredit A/S* On 30 April 2014 the Danish Competition Council (DCC) approved Jyske Bank A/S´ (Jyske Bank) proposed acquisition of mortgage lender BRF kredit A/S (BRF). The DCC finds that the transaction will not (...)

Association of undertakings has coordinated tenders illegally* On 30 April 2014 the Danish Competition Council (DCC) ruled that Skive og Omegns Vognmandsforening, an association of undertakings, has restricted competition by coordinating tenders regarding winter road maintenance in the (...)

Denmark: The Association for Auto Repair Shops in Denmark (CAD) has illegally urged its members to boycott Autobutler* The Danish Competition Council has decided that the Association for Auto Repair Shops in Denmark (CAD) has violated the Competition Act by urging its member to boycott (...)

Denmark: ”Distributor of hair products pays fine in settlement for resale price maintenance”* On November 29, 2013, the company Coss (a Danish distributor of hair products) entered into a settlement with the Danish Competition and Consumer Authority and accepted to pay a fine of DKK 100.000 (€ (...)

Denmark: ”Immunity in a cartel case granted for the first time”* An undertaking and a natural person in the cleaning industry has been granted immunity from sanctions in a cartel case for the disclosure of information regarding the cartel. It is the first time that the State Prosecutor for (...)

Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to Danish (...)

The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

Anti-Competitive Price Fixing Agreement in the Real Estate Business* A small cooperative chain of independent real estate agents – BoligOne – had notified their commercialization agreement to the Danish Competition and Consumer Authority. According to the agreement, the parties had i.a. agreed (...)

The Danish Competition and Consumer Authority reports the German engine manufacturer Deutz AG and the company’s distributor in Denmark to the police* Following a ruling from the Danish Competition Appeals Tribunal, The Danish Competition and Consumer Authority reports the German engine (...)

The regulation of chiropractors and physiotherapists prevents efficient and equal competition* On 5 December 2013 the Danish Competition and Consumer Authority published an analysis of the markets of private chiropractors and physiotherapists. The analysis shows that the current regulation of (...)

Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila 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 to some of the company’s dealers. (...)

Danish Competition Council approves Vilomix Holding A/S’ acquisition of A/S Hatting-KS conditional on commitments* On October 23th 2013 the Danish Competition Council (“DCC”) approved Vilomix Holding A/S’ (Vilomix) acquisition of A/S Hatting-KS (Hatting). The DCC decision is conditional on a (...)

The Danish Competition Council Accepts Commitments from Dagrofa ApS* On October 23 2013 the Danish Competition Council (“DCC”) adopted a commitment decision that approves an envisaged reorganization of Dagrofa ApS (“Dagrofa”) and the supermarket chains SuperBest and Spar. Dagrofa is the parent (...)

Danish Competition Council approves JYSK’s acquisition of IDEmøbler and ILVA* On September 25th 2013 the Danish Competition Council (“DCC”) ap-proved JYSK’s acquisition of IDdesign A/S, the owner of the two retail chains IDEmøbler and ILVA. JYSK Holding A/S, which is owned by Lars Larsen, owns the (...)

Price fixing between 3 Danish driving schools* On September 11, 2013, the Danish City Court in Næstved passed sentence upon the owner of a driving school for infringing section 6 of the Danish Competition Act by fixing prices on driving lessons in corporation with the owners of two other (...)

Miele A/S, Denmark, pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On July 18, 2013, Miele A/S, Denmark, entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of (...)

Competition Council accepts commitments from Denmark’s largest purchasing association for pharmacists* On 26 June 2013 the Danish Competition Council accepted commitments from A-apoteket – a purchasing association for pharmacists – on the basis of concerns that a decision taken by the association (...)

Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The Danish Competition Council Approves a Modification of Commitment by Arcus-Gruppen Holding AS to Sell the Aquavit Brand ’’Brøndums’’ On September 26 2012 The Danish Competition Council (“DCC”) cleared the acquisition of Pernod Ricard Denmark A/S by Arcus-Gruppen Holding AS (“Arcus”). The DCC’s (...)

BSH pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On April 24, 2013, BSH White Goods entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish (...)

Introduction of imprisonment in cartel cases in the Danish Competition Act* On 1st March 2013, a new Danish Competition Act (Consolidated Act No. 23 of 17 January 2013) came into force. It amended the legal framework for sanctions as follows: Imprisonment for up to 18 months for (...)

The Danish Competition Council advises the Minister of Culture against reintroducing fixed retail prices in the book market* On February 20 2013, The Danish Competition Council (DCC) has sent an open letter to the Minister of Culture in which the DCC advises the Minister of Culture against (...)

Anti-Competitive Decisions in the Collegiate Rules of Foreningen Danske Revisorer* On February 20, 2013, the Danish Competition Council settled a case concerning two anti-competitive decisions in the collegiate rules of a minor association of Danish accountants. According to the rules in (...)

Georg Jensen pays fine in settlement for resale price maintenance* On January 16, 2013, Georg Jensen (a producer of lifestyle products) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price (...)

Denmark: Case against Nets regarding possible abuse of dominance settled with commitments* On 4 December 2012, the Danish Competition and Consumer Authority (DCCA) conducted a dawn raid on the company Nets Holding A/S (“Nets”) in light of a complaint regarding anti-competitive behavior in the (...)

Room for Improvement in the Estate Agency Market* Consumers experience low transparency, poor possibilities for complaints and their trust in estate agents is low. In spite of active research before choosing real estate agent, many consumers are unsure whether they chose the estate agent (...)

Ritzau’s News Service* On June 27th 2012, The Danish Competition Council (DCC) has adopted a commitment decision, cf. Section 16a of the Danish Competition Act, to prevent competition restrictions in the Danish market for news services. The decision concerns the news agency Ritzau Bureau af (...)

Viasat violates a decision subject to conditions imposed by the Danish Competition Council in the case of Viasat’s business terms* On 27 June 2012, the Danish Competition Council decided that Viasat has violated a decision subject to conditions imposed by the Council in the case of Viasat’s (...)

The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

Agricultural company pays fine in settlement for failure to correct wrong information relevant to a merger* On January 9, 2012, a Danish agricultural company entered into a settlement with the Public Prosecutor for infringing section 23 of the Danish Competition Act. The Danish agricultural (...)

Radio Access Network sharing agreement between Telia Denmark A/S and Telenor A/S* On February 29 2012 the Danish Competition Council (DCC) cleared a case concerning a horizontal production agreement in the mobile telecommunications sector. The clearance is subject to conditions. Telia Denmark (...)

Aviation legislation prevents competition in Copenhagen Airport* Københavns Lufthavne A/S (CPH) limits competition when it refuses a new, competing terminal operator – Airport Terminal A ApS (TA) - access to Copenhagen airport. The Danish Competition Council can not intervene because the Danish (...)

Anti-Competitive Boycott Agreements in The Real Estate Business* On January 25, 2012, the Danish Competition Council settled a case, in which more than 65 per cent of the Danish real estate business, including the trade association and the six largest cooperative chains of independent estate (...)

State aid granted by the municipality of Furesø to a supermarket restricts competition* The Danish Competition Council decided on 21st of December 2011 that State aid granted by the municipality of Furesø to a supermarket by renting out land on favourable terms restricts competition. In 1979 a (...)