Historic competition law case finally concluded

The Danish Competition Council is not granted leave to appeal case on alleged excessive pricing to the Danish Supreme Court. Accordingly, the case has been finally concluded with the judgment of 24 May 2018 by the High Court of Western Denmark, which found in favour of Ørsted. Plesner represented Ørsted in the matter.

The case concerned whether the former electricity provider Elsam, which is now a part of Ørsted, in the period from 1 January 2005 to 30 June 2006 abused a dominant position by charging excessive prices for the sale of electricity in Western Denmark.

In 2007, the Danish Competition Council found that Elsam had charged excessive prices in 2005 and 2006.

In 2008, the Danish Competition Appeals Tribunal annulled the decision with respect to the second half of 2006, but upheld it with respect to 2005 and the first half of 2006.

Ørsted brought the upheld part of the decision before the Danish Maritime and Commercial High Court, which in 2016 upheld the tribunal's decision.

However, in its judgment of 24 May 2018, the High Court of Western Denmark wholly acquitted Ørsted of the allegation that Elsam should have charged excessive prices.

The competition authorities subsequently applied for leave to appeal the case to the Danish Supreme Court as the third instance, to which Ørsted objected. The Appeals Permission Board has now rejected the competition authorities’ application. The case is therefore finally concluded.

Click here to read Ørsted's press release regarding the decision

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