Denmark June 2002

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Score = 22

Governed by: Consolidated Competition Act No. 539 of 28 June 2002 (Act No. 384 of 10 June 1997 as amended by Act No. 416 of 31 May 2000 and Act No. 426 of 6 June 2002) (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)(1)
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)(2) 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 §12c(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.
Restriction of Competition 1 §12c(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)(ii) prohibits RPM and exempts it from the usual defenses for anticompetitive practices.
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §6(2)(i) prohibits price fixing.
Tying 1 §6(2)(v) prohibits 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. www.globalcompetitionforum.org/regions/europe/Denmark/Consolidated%20Competition%20Act%20(end-2002).pdf
  2. Id. at 471