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

According to Section 12a, a merger occurs where two or more previously independent undertakings merge, where one or more undertakings acquire direct or indirect control of all or part of another undertaking, or upon creation of a joint venture functioning as an autonomous economic entity on a lasting basis. Control is defined as contract rights or agreements or in other ways which will, either sep …

Concept of concentration

The Danish Competition Act did not include any provisions regarding merger control until the 2000 amendments. The law of 31 May 2000 introduced a definition of mergers and a full-fledged pre-merger review procedure. Merger guidelines were also issued in 2000 and revised in November 2013.

Act No 741 of 1 June 2015 amended the Competition Act in order to catch transactions in the telecommunications sector. Under this sector-specific regulation, mergers between two or more commercial providers of electronic communications networks in Denmark must now be notified to the Danish Business Authority where the combined annual turnover of the parties exceeds DKK 900 million (EUR 121 million) in Denmark and the transaction involves a public electronic communications network. The Business Authority may refer the transaction to the Competition and Consumer Authority where it deems competition is limited on the affected markets. The Competition Act was lastly amended in 2018 with the introduction of a stop-the-clock mechanism and is now also referred to as the Consolidation Act No. 155 of 1 March 2018.

Context

According to Section 12a, a merger occurs where two or more previously independent undertakings merge, where one or more undertakings acquire direct or indirect control of all or part of another undertaking, or upon creation of a joint venture functioning as an autonomous economic entity on a lasting basis. Control is defined as contract rights or agreements or in other ways which will, either separately or in combination, make it possible to exert decisive influence on the operations of an undertaking.

On the other hand, no merger arises where financial institutions or insurance companies temporarily hold securities, or where a receiver is appointed (Section 12a(4)). When the creation of a joint venture which constitutes a merger also has as its object or effect the coordination of the competitive behavior of undertakings that remain independent, such coordination shall be evaluated in accordance with the provisions on restrictive agreements (Section 12c(3)).

Under the Competition Act, mergers are covered where certain turnover thresholds are satisfied. The Act applies to mergers where the aggregate annual turnover in Denmark of all undertakings involved is more than DKK 900 million (EUR 120.9 million) and the aggregate annual turnover in Denmark of each of at least two of the undertakings concerned is more than DKK 100 million (EUR 13.433 million), or where the aggregate turnover in Denmark of at least one of the undertakings involved is more than DKK 3.8 billion (EUR 510.47 million) and the aggregate world-wide turnover of at least one of the other undertakings concerned is more than DKK 3.8 billion (EUR 510,47 million).

Thresholds

Mergers that will not significantly impede effective competition, in particular due to the creation or strengthening of a dominant position, must be approved (Article 12c). 

Global Competition Law

190. Concept of concentration

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Les notions juridiques connexes

190. Concept of concentration

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