Infringing competition law is no child’s play - Significant fines for RPM in Denmark

Written By

frederik haugsted Module
Frederik Haugsted

Associate
Denmark

I am an Associate in the EU & Competition and International Projects and Procurement groups. I work with a strong commitment to achieve pragmatic and measurable commercial solutions for our clients.

morten nissen Module
Morten Nissen

Partner
Denmark

I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.

A Danish company producing clothes, furniture and other products for children has accepted to pay a fine of DKK 1,800,000 (EUR 240,000) for infringement of the Danish Competition Act’s ban on resale price maintenance. In addition, a member of management of the company has accepted to pay a personal fine of DKK 100,000 (EUR 14,000).

The violation of the competition rules took place over a period from 2018 to 2020 in which the company required a reseller to adhere to the recommended resale price preventing the provision of any rebates or discounts. Following an investigation, the Danish Competition and Consumer Authority handed over the case to the State Prosecutor for Serious Economic and International Crime in order for them to initiate criminal proceedings.

The decision from the State Prosecutor for Serious Economic and International Crime dated 15th October 2021 is a part of several Danish recent decisions on resale price maintenance in the course of the last years. An overview of the recent decisions from the DCCA, including the resale price maintenance cases, is available here.

For more information, please refer to the decision from the State Prosecutor for Serious Economic and International Crime dated 15th October 2021 available here in Danish.

Please contact Morten Nissen or Frederik Haugsted for more information.

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