Accura represented 20 road rescue stations previously organised in SOS Dansk Autohjælp A/S in proceedings before the Danish Maritime and Commercial High Court.
SOS Dansk Autohjælp A/S terminated the original collaboration agreement with the stations to conclude a new, amended collaboration agreement, e.g. reflecting an reorganisation of the station network.
But the stations were not interested in accepting the new collaboration agreement and the amended terms. Instead, the stations joined forces in a new road rescue network, Redning Danmark.
With reference to e.g. a non-competition clause, SOS Dansk Autohjælp A/S requested a prohibitory injunction against the stations’ activities in Redning Danmark.
The Maritime and Commercial High Court denied a prohibitory injunction since the Court found the non-competition clause to be unlawful. The Court did not find that the relationship was a franchise or resembled a franchise as claimed, but that the stations were subcontractors and did not receive confidential and material know-how justifying the non-competition clause. The Court further found that the non-competition clause would have considerable anti-competitive consequences for the road rescue market, meaning that the clause was contrary to Danish competition rules.
Accura assisted the 20 stations in setting up Redning Danmark, which included advising on and negotiating intercompany agreements and outsourcing agreements with customers and collaboration partners, advising on competition, employment and data protection law and on the acquisition of a business as well as providing general, strategic and commercial advice.
Today, Redning Danmark is a strong and important provider on the Danish breakdown and road rescue services market.
Accura advised the 20 stations.