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Court rule in favour of Elsam/Ørsted

4C Offshore | Matthew White
By: Matthew White 24/05/2018 Ørsted
The High Court of Western Denmark delivered its judgment in the case concerning the former Elsam company.

In 2007, 1,106 Danish plaintiffs headed by the Danish energy trading company ‘Energi Danmark’ brought an action against Elsam, a previous name for Ørsted, claiming compensation for losses allegedly suffered as a consequence of the potential violation of the Danish competition rules. The judgment delivered by the High Court of Western Denmark today does not concern the action for damages. The action for damages is pending in the Copenhagen Maritime and Commercial High Court.

In 2007, the Danish Competition Council found that Elsam had abused a dominant position in the market for wholesale of electricity in Western Denmark in the period from 1 January 2005 to 31 December 2006.

In 2008, the Danish Competition Appeals Tribunal upheld the Danish Competition Council’s decision for the period from 1 January 2005 to 30 June 2006, but repealed and remitted the decision for the second half of 2006.

On 30 August 2016, the Copenhagen Maritime and Commercial High Court upheld the Danish competition authorities’ claim that Elsam violated the Danish competition rules in the period from 1 January 2005 to 30 June 2006.

The High Court of Western Denmark acquits Ørsted of the claim that Elsam abused a dominant position in the market for wholesale of electricity in Western Denmark in the period from 1 January 2005 to 30 June 2006.

“We’re very pleased with the judgment delivered by the High Court of Western Denmark. They've listened to our arguments and agreed that the decision of the competition authorities was made on an incorrect basis,”
says CFO Marianne Wiinholt, Ørsted.

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