Elsam case cannot be appealed to the Danish Supreme Court

The High Court of Western Denmark acquitted Ørsted of the claim that Elsam abused a dominant position in the market for wholesale of physical electricity in Western Denmark in the period from 1 January 2005 to 30 June 2006. The decision is now final.

“We’re very pleased with the decision of the Appeals Permission Board. They’ve listened to our arguments and not granted leave to appeal the decision of the High Court of Western Denmark. This means that we can now hopefully bring an end to what has been a very protracted case,” says CFO Marianne Wiinholt, Ørsted.

Concurrent action for damages

In 2007, 1,106 Danish plaintiffs headed by the Danish energy trading company ‘Energi Danmark’ brought an action against Elsam, claiming compensation for losses allegedly suffered as a consequence of the alleged violation of the Danish competition rules. Today’s decision by the Appeals Permission Board does not concern the action for damages. The action for damages is pending before the Copenhagen Maritime and Commercial Court.

Facts about the Elsam case

• In 2007, the Danish Competition Council found that Elsam had abused a dominant position in the market for wholesale of physical electricity in Western Denmark in the period from 1 January 2005 to 31 December 2006.
  
• In 2008, the Danish Competition Appeals Tribunal upheld the Danish Competition Council’s decision for the period from 1 January 2005 to 30 June 2006, but repealed and remitted the decision for the second half of 2006.
• In 2008, Elsam brought the Danish Competition Appeals Tribunal’s decision before the Copenhagen Maritime and Commercial Court.
• In 2007, 1,106 Danish plaintiffs, headed by the Danish energy trading company ‘Energi Danmark’, brought an action for damages against Elsam, claiming compensation for losses suffered in the period from 1 July 2003 to 31 December 2006.
• On 30 August 2016, the Copenhagen Maritime and Commercial Court upheld the Danish competition authorities’ claim that Elsam violated the Danish competition rules in the period from 1 January 2005 to 30 June 2006.
• On 24 May 2018, the High Court of Western Denmark acquitted Ørsted of the claim of having violated the competition rules.
• On 25 October 2018, the Appeals Permission Board rejected the competition authorities’ petition for leave to appeal the case to the Danish Supreme Court.

The information provided in this announcement does not change Ørsted’s previously announced outlook for the 2018 financial year.

For further information, please contact:

Media Relations
Carsten Birkeland Kjær
+45 99 55 77 65

 
Investor Relations
Daniel Lerup
+45 99 55 59 35