Difference between revisions of "Denmark/EU, 2005"

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| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.
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| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper:  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>
 
 
 
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Revision as of 10:34, 6 August 2008

Score = 26

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”). [2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.
Prison Sentences 0
Divestitures 1 § 12(g) of the Danish Competition Act.
Private Enforcement 3rd Party Initiation 1 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.
Remedies Available to 3rd Parties 1 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. [3]
3rd Party Rights in Proceedings 1 §19(2)(ii) of the Danish Competition Act 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[4] Voluntary 0
Mandatory 3 §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.
Pre-merger 2 §12b(1) of the Danish Competition Act 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) of the Danish Competition Act 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) of the Danish Competition Act 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 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[5]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/
  3. Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  4. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  5. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf