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Decision from the Danish Competition Appeal Tribunal concerning Elsam A/S

01. november 2006

4/0120-8700-0019/ISA/FAB

On 1 November 2006 the Danish Competition Appeal Tribunal rejected a complaint from Elsam A/S concerning a decision of 31 May 2006 from the Danish Competition Authority.

According to the decision of 31 May 2006 the Danish Competition Authority rejected to resume the conditions upon which the Danish Competition Council approved a merger in 2004 between Elsam A/S and Nesa A/S (cf. the Danish Competition Council’s decision of 24 March 2004).

The Danish Competition Appeal Tribunal found that the Danish Competition Authority had made its decision of 31 May 2006 in pursuance of unwritten general administrative law principles concerning resumption. The decision from the Danish Competition Authority was on the contrary not made in pursuance to one of those provisions which are mentioned in Section 19 in the Danish Competition Act. Because the decision was not made in pursuance to one of the provisions in Section 19, Elsam A/S was not entitled to appeal the decision to the Danish Competition Appeal Tribunal. On this ground the Danish Competition Appeal Tribunal rejected Elsam A/S’s complaint.