Competition Law at Denmark
Here’s a detailed summary of Competition Law in Denmark:
🏛️ Competition Law in Denmark
1. Legal Framework
Denmark’s competition law is primarily governed by the Danish Competition Act (Konkurrenceloven), initially adopted in 1993 and regularly updated.
The Act implements EU competition law (Articles 101 and 102 TFEU), since Denmark is an EU member state.
The law operates alongside EU competition rules enforced by the European Commission.
2. Competition Authority
The Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen) is responsible for enforcing competition law.
It investigates anti-competitive practices, merger control, and monitors market competition.
3. Key Provisions
A. Prohibition of Anti-Competitive Agreements
Agreements that prevent, restrict, or distort competition are prohibited.
Includes price-fixing, market sharing, bid rigging.
Both horizontal and vertical agreements are covered.
Some agreements may be exempt if they contribute to improving production, distribution, or promote technical or economic progress.
B. Abuse of Dominant Position
Companies with a dominant market position cannot abuse it.
Examples include unfair pricing, limiting production, or discriminating between trading partners.
C. Merger Control
Mergers and acquisitions meeting certain turnover thresholds must be notified and approved before completion.
The authority assesses whether the merger would significantly reduce competition.
The EU’s merger rules apply in cases with cross-border effects.
4. Enforcement and Sanctions
The Danish Competition Authority can:
Conduct investigations, including dawn raids.
Impose fines (up to 10% of annual turnover) for anti-competitive behavior.
Issue orders to cease illegal conduct.
Companies and individuals can be fined for breaches, including cartels and abuse of dominance.
5. Additional Features
Denmark has a leniency program to encourage whistleblowing on cartels.
The authority cooperates with other EU competition authorities through the European Competition Network (ECN).
Competition law enforcement in Denmark emphasizes consumer welfare and efficient markets.
6. Recent Focus
Increasing attention on digital markets and tech companies.
Scrutiny of public procurement to prevent bid rigging.
Enforcement aligned with EU priorities on competition.
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