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 Minister is empowered by the Act to establish rules in several areas including calculation of turnover (Section 12(4)), block exemptions (Section 10(1)), repayment of State aid (Section 11a(4)), notification of mergers (Section 12b(3)), and whether entities form part of the same undertaking (Section 5(2)). …

The Minister for Industry, Business and Financial Affairs

The Competition Council is the principal body enforcing the Competition Act. It may take cases on its own initiative, upon notification or complaint, or when cases are referred to it by the European Commission or other competition authorities of the European Union.

  The Competition Council is made up of a Chairman and 17 members, appointed by the Minister for Economic and Business Affairs, in both cases for a four-year term. The Chairperson and eight of the members must be completely independent of commercial and consumer-related interests. One of these members has special insight into government enterprise activity. According to specific directions given by the Minister for Economic and Business Affairs, 7 members are appointed on the recommendation of trade organizations, one member is appointed on the recommendation of consumer organizations, and one member with special insight into public enterprise activity upon recommendation from Local Government. The members of the Council are appointed on the basis of their personal and professional qualifications and they must act independently when carrying out their duties.

The Competition Council (Konkurrenceradet)

The Competition and Consumer Authority is the secretariat of the Competition Council and attends to the day-to-day enforcement of the Act on behalf of the Competition Council. It is an independent agency under the Ministry for Economic and Business Affairs. In accordance with Regulation No 862 of 5 September 2000, the Competition and Consumer Authority is made up of 18 members, appointed by the Minister for four-year terms.

Any assistance rendered to the European Commission pursuant to EU competition regulations is to be provided by the Competition and Consumer Authority (Section 24(3)). In providing such assistance, the Competition and Consumer Authority has powers of investigation including, subject to certain conditions, the power to examine records, take copies, ask for on-the-spot explanations and enter premises. The Competition and Consumer Authority is also authorized to disclose confidential information to the competition authorities of other countries when such information is necessary to enforce the competition rules of those countries (Section 18a).

On 21 May 2024, the Danish Parliament enacted significant amendments to the Danish Competition Act, which came into force on 1 July 2024. These reforms aim to enhance the effectiveness of competition enforcement by introducing new mechanisms and aligning national practices more closely with those of the European Union. The key amendments include:

1. Introduction of a Merger Call-In Mechanism (Article 12(1)(iv))


Under the revised Article 12(1)(iv), the Danish Competition and Consumer Authority (DCCA) is empowered to require notification of mergers that fall below the standard turnover thresholds if two cumulative conditions are met:

The combined annual turnover of the undertakings involved in Denmark amounts to at least DKK 50 million; and

The DCCA assesses that there is a risk the merger will significantly impede effective competition, particularly through the creation or strengthening of a dominant position.

This provision allows the DCCA to scrutinize transactions that may not meet the traditional thresholds but could still pose competitive concerns, such as so-called “killer acquisitions” where incumbents acquire innovative startups to eliminate future competition.

2. Implementation of a Market Investigation Tool (Article 16a)


The newly introduced Article 16a grants the DCCA the authority to conduct market investigations into specific sectors where there is evidence suggesting that market structures or behaviors may be impeding effective competition. Upon identifying such issues, the DCCA can, with the approval of the Competition Council, impose behavioral remedies on undertakings to address the identified competition concerns. This tool enables the DCCA to intervene proactively in markets exhibiting structural issues, even in the absence of a specific infringement.

3. Revision of the Fine Calculation Methodology (Article 23a)


New article 23 a introduces a new methodology for calculating fines imposed on undertakings for violations of competition law. The revised approach aligns with the European Commission's fining guidelines, considering factors such as the gravity and duration of the infringement and the turnover of the undertaking. This change aims to ensure that fines are proportionate and serve as effective deterrents against anticompetitive conduct.

The amendments represent a substantial enhancement of the DCCA's enforcement capabilities, allowing for more nuanced and proactive regulation of competitive dynamics within the Danish market. By incorporating mechanisms akin to those employed by the European Commission, Denmark reinforces its commitment to maintaining robust competition and aligning with broader EU competition policy frameworks.

The Competition and Consumer Authority (Konkurrence - Og Forbrugerstyrelsen)

The Competition Appeals Tribunal consists of a Chairman, who must be qualified for the position of Supreme Court judge, and four other members of whom two are legal experts and two are economics experts. All of them are appointed by the Minister for Economic and Business Affairs and must be independent of commercial interests. Rules on the activities of the Tribunal are established in Ministerial Order No 1032 of 17 December 1997.

The Competition Appeals Tribunal (Konkurrenceankenævnet)

The Minister is empowered by the Act to establish rules in several areas including calculation of turnover (Section 12(4)), block exemptions (Section 10(1)), repayment of State aid (Section 11a(4)), notification of mergers (Section 12b(3)), and whether entities form part of the same undertaking (Section 5(2)).

Global Competition Law

179. The Minister for Industry, Business and Financial Affairs

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Les notions juridiques connexes

179. The Minister for Industry, Business and Financial Affairs

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

Les notions juridiques connexes

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