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Decision by the Danish Competition Appeals Tribunal - DBC medier - The grounds for a decision can not be appealed

30. november 2006

4/0120-8700-0020/KLE

On 30 November 2006 the Danish Competition Appeals Tribunal dismissed a compliant from DBC medier A/S (DBC medier)

The complaint concerned the Competition Council’s decision of 31 May 2006. The decision concerned a complaint by Flex Medie A/S (Flex Medie) against DBC medier. According to Flex Medie, DBC medier’s exclusive rights to the distribution of a number of films and computer programmes/games to public libraries intended for public lending constituted an infringement of Section 6 and Section 11 of the Danish Competition Act.

The Competition Council stated that DBC medier held a dominant position on the Danish markets for the distribution of films and computer programmes to public libraries intended for public lending. Since the extent of DBC medier’s exclusive right was rather insignificant, the Competition Council concluded that DBC medier had not infringed Section 11 of the Danish Competition Act or Article 82. Concerning Section 6 of the Danish Competition Act and Article 81, the Competition Council concluded that there was no basis to make a further examination of whether DBC medier’s exclusive contracts infringed those provisions.

DBC medier agreed to the result of the Competition Council’s decision. DBC medier wanted, however, to appeal the grounds for the Council’s decision relating to the definition of the relevant market and the assessment according to which DBC medier held a dominant position on this market.

The Competition Appeals Tribunal dismissed the complaint from DBC medier. The Appeals Tribunal referred to the fact that DBC medier did not challenge the result of the Competition Council’s decision but merely the market definition and the assessment of dominance. The Appeals Tribunal concluded that Section 19 of the Danish Competition Act did not contain any legal base for an appeal of the grounds for a decision.