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

Section 23d provides for leniency for an undertaking having entered into a cartel agreement. The leniency program allows a withdrawal of the charge under certain conditions: before an investigation, it must give the authorities specific grounds to initiate a control; after the investigation, it must enable the authorities to establish an infringement. In both cases, withdrawal of the charge shall  …

Leniency

The Competition Council may issue orders for the termination of infringements of the Competition Act. According to Section 16(1), these orders may include the total or partial termination of the restrictive practice, specified price or profits calculation rules, the obligation for the undertakings to sell to specified buyers in the usual conditions for such sales, or that access be granted to an infrastructure facility that is essential to market a product or service.

The 2021 amendment recently added that such orders must be proportionate and necessary (Section 16(2)).

Cease and desist orders

The 2021 amendment radically reformed the Danish sanctions legal framework. Traditionally, the Danish system only imposed sanctions in accordance with criminal procedure. Penalties are now mainly civil. 

Section 23 of the Competition Act provides that fines may be imposed on any party that, intentionally or negligently i) infringes Sections 6(1) and 11(1) regarding the prohibition of anticompetitive agreements and abuse of dominance, or ii) fails to comply with an order of the Competition Council or a commitment that has been made binding, or iii) supplies incorrect, incomplete or misleading information in response to a request for information or a question posed during an inspection, or iv) fails to participate in or to answer questions during an interview, or v) fails to comply with an inspection, or vi) has broken the sealing made by the Competition Council. 

As for undertakings as well, fines may also be imposed on any party that, intentionally or through gross negligence i) fails to comply with an order or a condition attached to a decision, or ii)  provides incorrect, incomplete or misleading information or conceals matters of importance for the case or sector inquiry.

Sanctions and fines

Section 23d provides for leniency for an undertaking having entered into a cartel agreement. The leniency program allows a withdrawal of the charge under certain conditions: before an investigation, it must give the authorities specific grounds to initiate a control; after the investigation, it must enable the authorities to establish an infringement. In both cases, withdrawal of the charge shall be granted only if the applicant fully cooperates, ends his participation in the cartel, and has not coerced any other party into the cartel. 

A reduction of the fine is also possible when the applicant submits information that constitutes significant added value to the case and respect the three previously mentioned conditions. First applicant may obtain a reduction of 50%, second applicant can hope for 30%. Subsequent applicants may have a reduction up to 20%.

To encourage leniency applications, the 2018 Act introduced a marker system, whereby a preliminary application for leniency may be submitted and finalized within the time-limit determined by the Authority. When such is the case, the application is deemed to have been submitted at the date of submission of the preliminary application (Section 23f).

Global Competition Law

186. Leniency

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Les notions juridiques connexes

186. Leniency

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