The Danish Competition Authority refuses to deal with a price fixing behaviour under State aid provisions of the Danish Competition Act (Virkninger af KMS’ prisfastsættelse)

Factual Background Public law provided that the National Survey and Cadastre (in Danish “Kort- og Matrikelstyrelsen” - hereafter “KMS”) could sell a number of different products - for example topographic maps and orthophotos - at prices which in the period 2000-2007, ranged from 44-70% of the costs of KMS. As KMS was a public authority its deficit resulting from such loss-making sales has been financed by state subsidies. Two other suppliers of spatial data and related products (KortCenter.dk and COWI - hereafter the “complainants”) complained to the Danish Competition Authority (DCA) that KMS' price fixing led to a distortion of competition. Summary of the Court's findings Section 2 of the Danish Competition Act states that when

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  • Honoré & Fallesen (Copenhagen)

Quotation

Michael Honoré, The Danish Competition Authority refuses to deal with a price fixing behaviour under State aid provisions of the Danish Competition Act (Virkninger af KMS’ prisfastsættelse), 21 June 2006, e-Competitions June 2006, Art. N° 27807

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