Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council

13. September 2018

The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske Tagpapfabrikanters Brancheforening (“DTB”, in English “Association of Danish Manufactures of Bituminous Waterproofing”) and Tagpapbranchens Oplysningsråd (“TOR”, in English “Danish Roofing Advisory Board) have entered into an agreement and/or concerted practice with the aim to foreclose actual and potential competitors and limit product supply.

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.

For a short summary of the Danish Competition Councils decision please see here