DONG Energy is pleased to note that the Danish Competition Appeals Tribunal
today remitted the Danish Competition Council's ruling from 20 June 2007
concerning the second half of 2006.
”We are delighted that the Competition Appeals Tribunal has remitted the
Competition Council's ruling concerning the second half of 2006 and considers
that the claim that DONG Energy violated the competition rules after its merger
with Elsam has not been rendered probable. In DONG Energy, we focus tightly on
complying with the competition regulations and in that connection we engage in
an ongoing positive and constructive dialogue with the Danish Competition
Authority on how DONG Energy acts in the market,” says DONG Energy CEO Anders
Eldrup.
However, the Competition Appeals Tribunal is of the opinion that Elsam charged
excessive prices for individual hours during the whole of 2005 and the first
half of 2006. This part of the decision should be viewed in conjunction with
the Appeals Tribunal's decision from 14 November 2006, in which the Appeals
Tribunal held, on similar grounds as in this case, that Elsam had charged
excessive prices for certain hours in the second half of 2003 and during the
whole of 2004. DONG Energy has already submitted this decision to the
Copenhagen Maritime and Commercial Court.
DONG Energy still disputes the method applied by the authorities to evaluate
whether Elsam's price bids were excessive. Among other DONG Energy finds that
this method does not meet the requirements stipulated by EU practice in such
cases. Consequently DONG Energy will appeal the decision made by the
Competition Appeals Tribunal concerning the period from 1 January 2005 up to
and including the first half of 2006 to the Copenhagen Maritime and Commercial
Court.
”It is hard to understand how the fact that Elsam offered the market power
generation at prices below those of our neighbouring countries could conflict
with the competition rules. Considering also that Elsam has acted in accordance
with the agreement entered into with the Competition Council,” says DONG Energy
CEO Anders Eldrup.
For further information, please contact:
Head of Media Relations
Louise Münter
+45 6155 8771
Head of Investor Relations
Steen Juul Jensen
+45 3057 8882
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DONG Energy is one of Northern Europe's leading energy groups. Our headquarters
are in Denmark. Our business is based on procuring, producing, distributing,
trading and selling energy and related products in Northern Europe. The company
delivered revenue of DKK 36.6 billion in 2006 (approx. EUR 4.9 billion or USD
6.4 billion). DONG Energy has approx. 5,000 employees. For further information,
see www.dongenergy.com.