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Competition and Consumer Authority acted correctly in merger case

The High Court of Western Denmark has confirmed that the Danish Competition and Consumer Authority acted correctly in connection with the notification of the merger between Dansk Supermarked A/S (now Salling Group) and Wupti.com A/S in the summer of 2015.

The High Court of Western Denmark has ruled in favour of the Danish Competition and Consumer Authority in a case relating to proceedings regarding the merger between Salling Group and the distributor of consumer electronics and appliances Wupti.com A/S.

In July 2015 the Competition and Consumer Authority approved the takeover of Wupti.com by Salling Group.

Salling Group originally submitted a draft of a so-called “simplified notification” of the merger to the Competition and Consumer Authority. Simplified notifications are reserved for mergers that may, in advance, be characterized as unproblematic.

The Competition and Consumer Authority decided that the information provided in the draft of the simplified notification was insufficient to establish that this was a merger that could be notified according to the simplified procedure. The Competition and Consumer Authority therefore asked for a full notification.

The DCCA’s decision was upheld by the Competition Appeals Tribunal in April 2015 and by the District Court of Aarhus in December 2018. Subsequently Salling Group appealed the decision of the District Court of Aarhus to the High Court of Western Denmark, and it is in this case that the court has now made its decision.