Denmark August 2005

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Score = 22

Governed by: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 It is not expressly stated in the Competition Act but it is applicable to anything that has an effect on the Danish territory.[2]
Remedies Fines 1 §23 allows fines to be imposed on anybody who infringes certain sections of the Competition Act.
Prison Sentences 0
Divestitures 1 § 12(g)
Private Enforcement 3rd Party Initiation 1 3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.
Remedies Available to 3rd Parties 1 3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.
3rd Party Rights in Proceedings 1 §19(2)(ii) allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.
Merger Notification Voluntary 0
Mandatory 3 §12b(1) requires notification of a merger within 1 week of the conclusion of the agreement.
Pre-merger 2 §12b(1) requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.
Post-merger 0
Merger Assessment Dominance 1 §12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.
Restriction of Competition 1 §12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 §11(3)(ii) lists limiting production and markets as a prohibited abuse.
Abusive Acts 1 §11(1) prohibits any abuse by an undertaking of a dominant position.
Price Setting 1 §11(3)(i) lists price setting as an example of an abusive act.
Discriminatory Pricing 1 §11(3)(iii) lists applying dissimilar conditions to equivalent transactions as an abusive act.
Resale Price Maintenance 1 §7(2)(i) prohibits RPM and exempts it from the usual defenses for anticompetitive practices. Also see, §6(2)(vii).
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §6(2)(i) prohibits price fixing.
Tying 1 §§ 11(3)(iv) and 6(2)(v) both prohibit tying arrangements.
Market Division 0
Output Restraint 1 §6(2)(ii) prohibits limiting production.
Market Sharing 1 §6(2)(iii) prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 §7(2)(ii) prohibits collusive tendering and exempts it from the usual defenses for anticompetitive practices.
Supply Refusal 0
Efficiency Defense 1 §8(1)(i) makes an exception to §6 for agreements that contribute to improving the efficiency of production or distribution of goods.

References

  1. Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/
  2. Competition Law in the EU, at 471