Preliminary reference · referred by the Højesteret (Denmark)
Applicant
Post Danmark A/S
Defendant
Konkurrencerådet
Rapporteur
A. Ó Caoimh
Advocate General
P. Mengozzi
Bench
11 judgesV. Skouris, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, A. Rosas, A. Ó Caoimh, L. Bay Larsen, T. von Danwitz, A. Arabadjiev, E. Jarašiūnas
29As to whether Post Danmark pursued an anti-competitive strategy, it can be seen from the documents before the Court that the complaint at the source of the main proceedings was based on the suggestion that Post Danmark, by a policy of low prices directed at certain of its competitor’s major customers, might drive that competitor from the market in question. However, as is apparent from the order for reference, it could not be established that Post Danmark had deliberately sought to drive out that competitor.