Denmark: High risk, no reward – price coordination results in DKK 10 million fine

The courts have imposed a fine of DKK 10 million on the outdoor advertising company AFA Decaux A/S for coordinating discount prices with a competitor, thereby restricting competition and preventing customers from getting the best deals. 

As previously described in our article on the High Court’s judgment on the substance of the case, the Parties had a written agreement on joint discounts from September 2008 to December 2010. However, after the agreement ended, the Parties continued the practice until April 2015. By coordinating their prices, the companies eliminated competition between them and artificially maintained higher prices in the market. 

The case has taken seven years to resolve through multiple levels of the Danish court system. In December 2018, the Danish Competition Council (the "DCC") found that the companies had restricted competition from September 2008 to April 2015. The Danish Competition Appeals Board confirmed this decision in 2019. However, in 2021, the Danish Maritime and Commercial Court narrowed the violation period to only September 2008 to December 2010, when the written agreement existed. The Danish High Court overturned this in 2023 and reinstated the DCC's original decision covering the full period to April 2015. 

In April 2024, Clear Channel accepted a fine of DKK 6 million. AFA Decaux, however, refused to settle, and on 23 October 2025, the City Court of Copenhagen imposed the DKK 10 million fine. It is not yet known whether AFA Decaux will appeal the decision.

The court emphasised that the violation was serious and lasted for an extended period. In determining the amount of the fine, the court considered AFA Decaux’s group turnover and the fact that part of the violation occurred before penalties were increased on 1 March 2013.

This case demonstrates that the Danish authority continues to pursue price coordination cases vigorously, even for conduct dating back many years. The combined fines of DKK 16 million (DKK 10 million for AFA Decaux and DKK 6 million for Clear Channel) reflect the serious view the authority and courts take on agreements between competitors on prices or commercial terms.

For more information, please contact Morten Nissen or Alexander Brøchner. 

VISIT OUR COMPETITION & EU HOMEPAGE à