Ørsted prevails in historic competition law case

In its judgment of 24 May 2018, the High Court of Western Denmark found in favour of Ørsted A/S in a historic case regarding alleged excessive pricing. Plesner represented Ørsted in the matter.

The case concerns 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.

The High Court of Western Denmark, however, has now wholly acquitted Ørsted of the allegation that Elsam should have charged excessive prices.

The case has been very complex and involved, inter alia, extensive economic evidence, including a comprehensive expert evaluation by two professors of economics.

A non-confidential version of the ruling (in Danish) can be read here

Ørsted's press release about the ruling can be read here

The Danish Competition and Consumer Authority's press release about the ruling (in Danish) can be read here

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