2 results
Denmark
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- By Jens Munk Plum, Kromann Reumert, Copenhagen, Denmark, Erik Bertelsen, Kromann Reumert, Copenhagen, Denmark, Morten Kofmann, Kromann Reumert, Copenhagen, Denmark
- General editor Maher M. Dabbah, Queen Mary University of London, Paul Lasok QC
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- Book:
- Merger Control Worldwide
- Published online:
- 05 November 2014
- Print publication:
- 31 May 2012, pp 397-420
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- Chapter
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Summary
Relevant legislation and statutory standards
Danish merger control is governed by sections 12–12(g) of the Danish Competition Act. Danish merger control was introduced into the Competition Act in 2000. Denmark was one of the last Member States of the European Union (EU) to implement a merger control regime.
The Danish merger control regime is based on the principles of EU merger control (European Union (EU) Merger Regulation). Therefore, when interpreting the Danish merger control regulation, the relevant EU practice and Commission notices are taken into account to the extent that no specific local rules exist.
The Competition Act was amended with effect from 1 February 2005, changing the substantive test to the EU test (the SIEC test). Moreover, the obligation to notify within a speciic time limit was changed to an obligation to notify prior to implementation.
Decision-making bodies and enforcement authority(ies)
Danish merger control is administered by the following three independent administrative bodies, all of which are established and regulated by the Competition Act:
the Competition Authority (‘Konkurrencestyrelsen’);
the Competition Council (‘Konkurrencerådet’);
the Competition Appeals Tribunal (CAT) (‘Konkurrenceankenæævnet’).
10 - Denmark
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- By Jens Munk Plum, partner, Erik Bertelsen, partner, Morten Kofmann, partner, Emil Schnack, associate, Kromann Reumert
- General editor Maher M. Dabbah, Queen Mary University of London, K. P. E. Lasok QC
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- Book:
- Merger Control Worldwide
- Published online:
- 30 July 2009
- Print publication:
- 29 May 2008, pp 38-40
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- Chapter
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Summary
Relevant legislation and statutory standards
It should be pointed out that note 1 in the Denmark chapter in the Main Work now should read as follows: Consolidated Competition Act No. 785 of 8 August 2005 as amended by Act No. 572 of 6 June 2007 – Act to Amend the Competition Act, the Administration of Justice Act, the Act on Tender Procedures for Public Work Contracts and the Act on the Complaints Board for Public Procurement; an English version can be found at www.ks.dk/english/competition/legislation/.
Decision-making bodies and enforcement authority(ies)
The Competition Authority
The Danish Competition Authority comprises eight competition units and three units dealing specifically with the energy sector. In addition, the Danish Competition Authority now also has a unit for special assignments as well as an administration secretariat and a management secretariat.
The Competition Council
The Council consists of a Chairman appointed by the King of Denmark (the government) and 17 members appointed by the Minister for Economic and Business Affairs. Nine of the members are appointed after recommendations by trade organisations, consumer organisations and municipal organisations.
Notification requirements and procedures
Notification requirements and proceedings
Notification formalities
It should be pointed out that note 32 of the Denmark chapter in the Main Work now should read as follows: Executive Order on the Notification of Mergers No. 480 dated 15 June 2005. An English translation can be found at www.ks.dk/english/competition/legislation/.