News
Anti-competitive agreement between Danish manufacturers of roofing membranes
The Danish Competition Council has decided that 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.
Summary
The Danish Competition Council have found that the parties inter alia use a national industry-based standard (the so-called “TOR-anvisninger”) to foreclose actual or potential competitors from the market, as well to exert pressure on competitors and third parties (roofers, construction advisors etc.) not to market and/or use products that do not comply with the detailed technical specifications for roofing membranes set out in the standard. Further, the parties have had various activities connected to the application and enforcement of the standard and its position on the market, e.g. by establishing a quality mark called TOR-Godkendt. Additionally, the two manufacturers’ have limited their own product supply.
The decision by the Danish Competition Council further shows that when setting the specifications of the standard, the two Danish manufacturers take their own commercial interests regarding competition on the market into consideration, rather than considering objective terms.
On this basis, the Danish Competition Council have found the agreement and/or colluded practice to be a violation of section 6 of the Danish Competition Act and TFEU Article 101.
The Danish Competition Council has ordered Icopal, NWP, DTB and TOR to terminate the restrictive agreement and/or colluded practice, including inter alia rescinding the standard, which is a result of the agreement/collusion and ceasing the limitation of product supply.
For further information, please contact Head of Division, Martin Andreas Gravengaard, phone +45 71 51 83, e-mail mgr@kfst.dk.
Related material
Read the decision (in danish)