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 procedure for merger cases is divided into two phases. In phase 1, the Competition Council has 25 working days from receipt of a complete notification to determine whether to approve the merger or, alternatively, to extend the period for 90 working days for the phase 2 investigation procedure (Section 12d). A merger can only be prohibited after having been subject to the phase 2 procedure.
The …

Proceedings before the Competition Council

Mergers satisfying the applicable thresholds cannot be put into effect until approved by the Competition Council (Section 12c(5)). Mergers must be notified by one or more of the participating undertakings to the Competition Authority within one week after the conclusion of the agreement establishing the operation. Notification may be filed electronically, in full or simplified form, using Annexes 1 or 2 of the Executive Order on the Notification of Mergers No 1005 of 15 August 2013. Not later than ten weekdays after receipt of notification, the Competition Authority must communicate to the parties whether the notification is complete. If not, the parties are informed in writing of the time-limit for submitting additional information. In the case of a simplified notification, the Competition Authority may inform the notifying party that supplementary information is needed or that the merger must be notified by a submission of a full notification form.

Merger notification

The procedure for merger cases is divided into two phases. In phase 1, the Competition Council has 25 working days from receipt of a complete notification to determine whether to approve the merger or, alternatively, to extend the period for 90 working days for the phase 2 investigation procedure (Section 12d). A merger can only be prohibited after having been subject to the phase 2 procedure.

The 2018 amendment introduced a stop-the-clock mechanism in Danish merger control, whereby the abovementioned time  limits may exceptionally  be  suspended  where, owing to circumstances for which one of the undertakings involved in the concentration is responsible, the Competition and Consumer Authority has had to request additional information by a decision  pursuant  to  Section  17,  and  the  requested information  has not  been received  within  the time-limit  laid  down  by  the  Competition  and  Consumer  Authority.  

Finally, the Competition Council may also approve a proposed merger before the obligation to notify is triggered. In such cases, publication of the notification or approval of a merger may be postponed to a later date (Section 12c(7)).

Global Competition Law

197. Proceedings before the Competition Council

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Les notions juridiques connexes

197. Proceedings before the Competition Council

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