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High court rules on interpretation of by object infringements in light of recent ECJ case law

On 12 March 2021 the Eastern High Court found that HMN Naturgas I/S, two subcontractors and an industry association had illegally coordinated prices for the service of natural gas-fired boilers. The decision upholds the Maritime and Commercial High Court s 2019 judgment (for further details please see Maritime and Commercial Court finds HMN and competitors guilty of illegal price coordination agreement ). Facts HMN Naturgas is Denmark s largest gas company, supplying gas to about a quarter-of-a-million households and companies. Its activities include conducting service checks on natural gas-fired boilers in private households. HMN Naturgas does not perform service checks on its own; instead, it relies on subcontractors (so called service partners ). Typically, these service partners would also independently offer service checks to customers. Therefore, HMN Naturgas s service partners are its competitors on the market for the service maintenance of gas boilers.

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