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Supreme Court of Denmark

No reference of questions to the EU Court of Justice in competition law case 

Case no. 74/2012

Judgment delivered on 10 January 2013

Viasat Broadcasting UK Ltd.
The Danish Competition Council

Intervener for the Competition Council: The Danish Cable Television Association

No reference of questions to the EU Court of Justice in competition law case concerning Viasat's cable television distribution terms

The Competition Council had ordered Viasat to stop using a TV package requirement and a minimum penetration requirement in agreements between Viasat and Viasat's channel distributors, as the Competition Council found that the requirements were in contravention of the competition rules.

The decision of the Competition Council was upheld by the Competition Appeals Tribunal, and the Maritime and Commercial Court subsequently found for the Competition Council.

Before the Supreme Court, Viasat moved for questions to be referred to the EU Court of Justice for a preliminary ruling regarding the concept of "as their object or effect the prevention, restriction or distortion of competition" in Article 101(1) TFEU. The Competition Council protested against reference of questions.

The Supreme Court refused the motion, stating, among other things, that according to a preliminary assessment, based on the Court of Justice's (extensive) case law, there was no doubt as to the interpretation of Article 101(1) TFEU which could justify referring questions to the Court of Justice.

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