The Danish Supreme Court has confirmed that the Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen) can utilize evidence gathered from a control investigation in its case against Ønskebørn A/S. This ruling is significant for the enforcement of competition law in Denmark, ensuring that the authority's actions can be validated by higher courts.

In March 2023, the Competition Council determined that Ønskebørn A/S had violated competition law by coordinating prices on baby and children's products among its members. This decision was based on evidence collected during a control investigation at Ønskebørn.

Ønskebørn challenged the authority's right to use this evidence, arguing that it should only be applicable for potential cases regarding binding resale prices. However, the Supreme Court upheld the authority's right to use the evidence, stating that the lower court had granted the authority access to conduct the investigation to gather information on any violations of competition law.

The Supreme Court also found no basis to claim that the authority's use of the information violated the European Convention on Human Rights or the Charter of Fundamental Rights of the European Union. The case has been ongoing, with Ønskebørn appealing the Competition Council's decision, which is currently on hold pending the outcome of this formal case.

Following Ønskebørn A/S's bankruptcy in spring 2025, the bankruptcy estate has continued the legal proceedings against the Competition and Consumer Authority in the Supreme Court.