The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2 / Danmark)

On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material loyalty-inducing (tie-in) effect and that, consequently, the annual discount scheme constitutes an abuse of TV 2/Danmark’s dominant position. The case involving TV 2/Danmark‘s discounts in the Danish market for national TV advertising has undergone a lengthy process, but has now found its end with the recent judgment from the Danish Supreme Court. During the last 10 years the case has been subject of six decisions in four different instances. The first decision in the case was issued in 2001 by the

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Michael Honoré, The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2 / Danmark), 18 March 2011, e-Competitions Bulletin Media, Art. N° 35761

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