The Maritime and Commercial High Court in Denmark has ruled against Effekthandel and five combined heat and power (CHP) plants for illegal coordination of bids and prices in electricity reserve auctions. This conduct was found to have resulted in higher prices for reserve capacity in Western Denmark.

This ruling is part of a broader set of 50 cases involving CHP plants and the Danish Competition and Consumer Authority. The court determined that the actions of the companies were intended to restrict competition by object.

Effekthandel was found to have taken the initiative in forming the anti-competitive agreement and was penalized with a fine of DKK 29,000, reduced from an initial DKK 1,075,000 due to new fine assessment principles. The CHP plants received varying fines based on the duration of their violations, with Jetsmark Energiværk fined DKK 300,000 and Bramming Fjernvarme fined DKK 200,000, among others.

Despite the CHP plants' claims of a mistaken belief in the legality of their actions, the court ruled that this did not excuse their illegal conduct. The new fine assessment principles, effective from July 2024, consider the limited role of reserve capacity sales in the overall business of the CHP plants.

Additionally, the court ruled that Brønderslev Varme is jointly liable for the fine imposed on Ø Brønderslev Fjernvarmeværk, which it took over during the proceedings. The Competition Council had previously determined that Effekthandel and 49 other plants had infringed competition law, and appeals are ongoing.