On the 31th May 2017, the Danish Competition Council have found the agreement and/or concerted practice to be a violation of section 6 of the Danish Competition Act and TFEU Article 101. However,
The parties appealed the case to the Danish Competition Appeals Board. On the 12th September 2018, the Danish Competition Appeals Board issued a decision stating that the Competition Council's analysis of the economic and legal context, limited to what the Council considers strictly necessary to establish that there is an agreement with an anti-competitive object, is insufficient. Thus, the Competition Council has not demonstrated with the requisite certainty that there is a “by-object” infringement.
As a result, the Danish Competition Appeals Board has remitted the case to the Danish Competition Council for review and renewed decision.