Copenhagen, June 23, 2025 — The Danish Supreme Court has ruled in favor of the Danish Competition and Consumer Authority (DCCA), affirming its right to use evidence obtained during an inspection of the now-bankrupt retail chain Ønskebørn A/S in an ongoing competition law case.
The decision confirms that the DCCA lawfully collected evidence during a 2020 inspection and is entitled to use the material to support allegations that Ønskebørn engaged in illegal price coordination among its member stores. The Competition Council had found in March 2023 that the chain violated Section 6 of the Danish Competition Act and Article 101 of the Treaty on the Functioning of the European Union (TFEU).
Ønskebørn had challenged the DCCA’s use of the evidence, arguing that it was collected under suspicion of a different offense—namely, resale price maintenance—and therefore could not be repurposed for broader anti-competitive coordination claims. However, the Supreme Court rejected that view.
In its ruling, the Court stated:
“The Supreme Court finds that the Glostrup Court’s ruling of 20 November 2020 gave the Danish Competition and Consumer Authority access to conduct an inspection at Ønskebørn with a view to collecting information about any violation of Section 6 of the Competition Act and Article 101 of the TFEU in which Ønskebørn may be involved.”
The Court also found no breach of the European Convention on Human Rights or the EU Charter of Fundamental Rights in the authority’s actions.
The Maritime and Commercial Court had previously sided with the DCCA in September 2023. Ønskebørn’s appeal was taken up by the Supreme Court due to the case’s legal significance. Since Ønskebørn went bankrupt in early 2025, the bankruptcy estate continued the legal challenge.
While this ruling resolves the formal procedural dispute, the Competition Council’s substantive case against Ønskebørn remains pending before the Maritime and Commercial Court, currently on hold awaiting the outcome of this Supreme Court decision.
With the formal dispute settled, the path is now clear for the competition case to resume.
