The Hugo Boss Complex Case: Maritime and Commercial High Court of Denmark Rules in Case Concerning Information Exchange in Dual Distribution

On 6 May 2024, the Danish Maritime and Commercial High Court upheld the decisions of the Danish Competition Appeal Tribunal, confirming that Hugo Boss had engaged in unlawful information exchange with its retailers, Kaufmann and Ginsborg, in violation of Article 101(1) TFEU and the national equivalent provision in s.6(1) of the Danish Competition Act. Hugo Boss has been fined DKK 12 million (approximately €1.6 million), while Kaufmann has paid a fine of DKK 6 million (approximately €800,000). Additionally, four key employees from both organizations have each been fined DKK 120,000 (approximately €16,000). Ginsborg was granted immunity under the leniency program. The judgment of the Danish Maritime and Commercial High Court is particularly significant, as it provides clarification on how Danish competition law can be applied to information exchange in dual distribution scenarios. The case also illustrates the legal complexity inherent in such constellations, particularly regarding the distinction between vertical and horizontal elements.