The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III)

Summary of the case In an August 2016 ruling [1] the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of electricity in 2005-06. The judgment pertained to a 2007 decision by the Danish Competition and Consumer Authority (“DCCA”) which had subsequently been challenged by DONG on the basis that DONG was neither dominant nor had acted abusively. In DONG’s view it was merely supplying electricity at market prices and in accordance with commitments agreed with the DCCA in 2003. The case is the first of three inter-related abuse of dominance cases pending before the Danish courts regarding the Danish energy

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Christian Bergqvist, Laurits Schmidt Christensen, The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III), 30 August 2016, e-Competitions August 2016, Art. N° 81745

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