The Danish Competition Authority orders a municipality to terminate the payment of unlawful State aid in relation to the prices paid by the municipality to private companies in the field of home care and requests the municipality to re-calculate the settlement prices following guidance provided to this effect by the Competition Authority (Fritvalg / Morsø Kommune)
Factual Background
In the present case the Danish Competition Authority (DCA) examined the prices paid by the municipality of Morsø to private companies in the field of home care.
Summary of the Court's findings
The DCA stressed that under Section 11a of the Danish Competition Act the DCA can examine whether the price paid by a public authority to a private service provider (the "settlement price") is too low. The examination consists of verifying whether the settlement price covers the costs of the
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