Denmark: ”Metro Cash & Carry Danmark A/S, Denmark, sentenced to pay a fine of DKK 50,000 for withholding information in a merger case”

16. November 2017

On 16 November 2017, the High Court in Denmark upheld a sentence from the City Court of Glostrup. The sentence means that Metro Cash & Carry Danmark A/S must pay a fine of DKK 50,000 (€ 6,720) for withholding information in a merger case.

In 2014, Euro Cater A/S and Metro Cash & Carry Danmark A/S wanted to merge. The merger depended on acceptance from the Danish Competition and Consumer Authority (DCCA).

During the case handling the DCCA asked Metro Cash & Carry Danmark A/S if any other parties had shown interest in buying Metro. When answering the question, Metro Cash & Carry Danmark A/S failed to provide the DCCA with information on all interested buyers.

The information was crucial for the DCCA when determining the contra-factual scenario.

Euro Cater A/S and Metro Cash & Carry Danmark A/S since gave up the merger.

The DCCA referred the case to The State Prosecutor for Serious Economic and International Crime in December 2014. The City Court of Glostrup ruled in the case on 21 April 2017.