The Court of Lyngby found for the Danish pension company PKA in a case concerning its alleged participation in a cartel with Danica Pension in the period 2017-2018.
In early 2018, PKA and Danica submitted a joint tender for two sub-agreements for Dansk Supermarked Group’s employees.
The purpose of the collaboration was to offer both employees and managers competitive pension and life insurance schemes accommodating the two groups’ very different needs to the greatest extent possible.
The case began quite unusually, causing the Danish Competition and Consumer Authority to file a report with the Danish Public Prosecutor for Serious Economic and International Crime (SØIK, now NSK) in 2017 on a preliminary basis.
The Danish prosecution service charged PKA, among others, for unlawful market sharing and tender coordination, both criminal offences under the Danish Competition Act (konkurrenceloven).
Following five years’ wait, the Court of Lyngby today found in favour of the defence’s plea for dismissal of the plaintiff’s claim on the following grounds:
“The Court found that it had not been proved that the two pension companies were actual or potential competitors with respect to the specific invitation for tenders from the retail grocery group. Moreover, the Court found that it had not been proved that the two pension companies had agreed to divide markets or customers and to coordinate tenders with the direct or indirect purpose of restricting competition in connection with the retail grocery group’s invitation for tenders for the company pension agreement in 2018.”
Simon Evers Hjelmborg represented PKA as retained counsel.
Photo: Photo: PKA.dk