On 13 September 2018, the Danish Competition Appeals Tribunal remitted a case about industry standards for roofing felt for review and renewed decision.

In May 2017, the Danish Competition Council found that two roofing felt producers and the industry associations Danske Tagpapfabrikanters Brancheforening and Tagpapbranchens Oplysningsråd (TOR) illegally kept rivals out of the market with the help of TOR industry standards.  

However, the Competition Appeals Tribunal found that the Competition Council failed to sufficiently demonstrate a by-object infringement, due to an insufficient analysis of the economic and legal context. In its decision, the Tribunal states that it has not been sufficiently demonstrated that the guiding consideration of the standards has been to keep competitors from the market or to limit the supply of products, or that the standards in themselves have been suitable for having (let alone have had) such an effect.

Copenhagen Economics submitted a report on the effects of industry standards in general and the TOR industry standards in particular.

Read the full ruling here (in Danish)

For further information, please contact Kirstine Rødsgaard Madsen