The High Court of Western Denmark has made a rare move by requesting a preliminary ruling from the Court of Justice of the European Union (CJEU) concerning a significant cartel case involving nightclubs. This case stems from a judgement by the Danish Maritime and Commercial High Court, which imposed a fine of DKK 20 million on ECIT Account for its involvement in formalizing and maintaining a cartel among nightclubs over a period of 15 years.

ECIT Account acted as an adviser to the nightclubs and was involved in a joint purchasing arrangement that unlawfully restricted the nightclubs from opening branches in each other's towns or within a 20-kilometer radius. The implications of the CJEU's ruling could extend beyond this specific case, potentially affecting the application of competition rules in Denmark and the EU.

The Danish Competition and Consumer Authority has suggested this preliminary ruling to clarify issues surrounding joint purchasing arrangements and territorial market allocation. This follows a previous decision by the Danish Competition Appeals Board that raised uncertainties regarding the assessment of territorial market allocation in cooperation arrangements among competitors.

The case against ECIT Account is part of a broader investigation into a nightclub cartel that the Danish Competition Council intervened in back in 2021. A total of 22 nightclubs and their joint purchasing company admitted to violating the Competition Act and accepted fines. In 2023, the Danish Competition Council determined that ECIT Account had contributed to the market-sharing agreement, leading to the pursuit of a fine in court proceedings.