Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Act applies when the Danish market is affected, and there fore to undertakings located abroad that engage in anticompetitive practices affecting the Danish market.
  It encompasses any business activity, whether public or private, defined broadly as any economic activity in a market for goods or services, whether profitable or not.
  Before the 2002 amendments, the Competition Coun …

Scope

Competition Act No 384 was adopted by the Danish Parliament on 10 June 1997 and entered into force on 1 January 1998.  One year after it was put into effect, the 1999 Report of the Competition Council stressed that the Danish economy still suffered from competition issues, due to inadequacies of the Danish legislation. The Report cited, for example, the fact that merger control was not handled by the Competition Act, but by way of ministerial order. In response to this and other critiques, amendments were introduced to better align Danish competition law with the rules in force in the rest of the EU.

The Consolidated Competition Act No 687 of 12 July 2000 set out the principles of competition law currently in effect in Denmark. For the first time, merger control and fines for abuse of dominance were included in the legislation. 

The Competition Act was amended by several acts, in particular in 2002, 2013, and 2021, consolidated in the current Consolidation Act No. 360 of 4 March 2021. The Consolidated Competition Act includes provisions regarding restrictive agreements and abuse of dominance, and establishes schemes for merger control and State aid.

Context

The Competition Act applies when the Danish market is affected, and there fore to undertakings located abroad that engage in anticompetitive practices affecting the Danish market.

  It encompasses any business activity, whether public or private, defined broadly as any economic activity in a market for goods or services, whether profitable or not.

  Before the 2002 amendments, the Competition Council had no jurisdiction to act against an anticompetitive agreement or conduct that was a consequence of public regulations. Now, the Council may issue a statement and make recommendations to the relevant minister and to the Minister for Economic and Business Affairs. The relevant minister, after consultation with the Minister for Economic and Business Affairs, must respond to the Council within four months.

Labor relations are excluded from the coverage of the Competition Act.

Global Competition Law

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Les notions juridiques connexes

170. Scope

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Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise