The Maritime and Commercial Court upheld the Competition Council's decision in two cases involving illegal exchange of information between Hugo Boss and retailers Kaufmann and Ginsborg. The court concluded that the exchange of information was aimed at restricting competition, constituting coordinated practices among competitors.

The rulings emphasize the need for companies to exercise caution when sharing information with their retailers, especially when they operate in the same market as competitors. By disclosing details such as sale items and prices, clothing retailers can impede competition that is meant to benefit consumers with lower prices and better quality.

The fact that Hugo Boss supplies both Ginsborg and Kaufmann, in addition to operating its own stores, did not exempt them from engaging in illegal information sharing as competitors.

Hugo Boss and Kaufmann exchanged pricing information from January 2014 to November 2017, while Hugo Boss and Ginsborg did the same from December 2014 to April 2018. The Competition Council ruled on the cases in 2020, leading to appeals by Hugo Boss and Kaufmann to the Competition Appeals Board, which were subsequently upheld in 2021 by the Maritime and Commercial Court.

The Competition Council reported the violations to the State Prosecutor for Special Economic and International Crime (SØIK) for potential criminal prosecution.