ARTICLE · 23 JUNE 2022

Important Limitations To The Protection Afforded "Business Secrets"

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Nets had requested that some information was exempted from publication in the DCC's decision, as business secrets are exempt from publication pursuant to the Danish Competition Act.

DenmarkAntitrust/Competition Law

Alexander Brøchner

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In a recent decision, the Danish High Court clarified that several specific types of information concerning companies and their conduct must be made public in decisions by the Danish Competition Council ("DCC"), even where the applicant considers the information to be commercially sensitive.

The High Court reviewed a decision by the DCC from 2018, in which Teller (now "Nets") was found to have abused its dominant position by offering certain customers loyalty rebates from 2012 - 2016.

By law, decisions by the DCC must be published, so that case law is accessible and understandable and to enable potential claimants such as consumers and competitors to claim damages against the infringing company.

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