A Danish Court confirms that reporting of sales prices and contribution margins may amount to resale price fixing (Bestseller)

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 amounted to resale price-fixing, contrary to Article 6 (1) of the Danish Competition Act (the equivalent of Article 81(1) of the EC Treaty). Background Bestseller A/S is a Danish wholesale company that buys, develops and sells clothing. Bestseller sells its clothing both through brand stores which only sell Bestseller brands and through other retailers which also sell competing brands. Of the brand stores, 55%

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  • Danish Competition and Consumer Authority (Copenhagen)

Quotation

Jacob Borum, A Danish Court confirms that reporting of sales prices and contribution margins may amount to resale price fixing (Bestseller), 27 November 2006, e-Competitions November 2006, Art. N° 13280

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