Denmark/EU, 2005 - Revision history

KNovak at 15:54, 6 August 2008

2008-08-06T15:54:21Z

← Older revision		Revision as of 15:54, 6 August 2008
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	'''Score = 26 '''		'''Score = 26 '''

	''Governed by: '' '''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Danish Competition Act''': Consolidated Competition Act No. 785 of 8. August 2005 ~~(hereinafter referred to as “Competition Act”)~~.		''Governed by: '' '''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Danish Competition Act''': Consolidated Competition Act No. 785 of 8. August 2005.
	<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>		<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

KNovak at 15:45, 6 August 2008

2008-08-06T15:45:29Z

← Older revision		Revision as of 15:45, 6 August 2008
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	'''Score = 26 '''		'''Score = 26 '''

	''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish ~~law~~: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).		''Governed by: '' '''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Danish Competition Act''': Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).
	<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>		<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

KNovak at 15:34, 6 August 2008

2008-08-06T15:34:25Z

← Older revision		Revision as of 15:34, 6 August 2008
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.		\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

	\|-		\|-

KNovak at 15:33, 6 August 2008

2008-08-06T15:33:28Z

← Older revision		Revision as of 15:33, 6 August 2008
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission		\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

	\|-		\|-

KNovak at 21:21, 4 August 2008

2008-08-04T21:21:44Z

← Older revision		Revision as of 21:21, 4 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.		\| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission		\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission

	\|-		\|-

KNovak at 21:11, 4 August 2008

2008-08-04T21:11:51Z

← Older revision		Revision as of 21:11, 4 August 2008
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	'''Score = '''		'''Score = 26 '''

	''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).		''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).

KNovak at 21:07, 4 August 2008

2008-08-04T21:07:51Z

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	\| 0		\| 0
	\|		\|

			\|- class="categorydivision"
			\| Dominance
			\| Limits Access
			\| 1
			\| Article 82(b) of the Rome Treaty prohibits limiting access.

			\|-
			\|
			\| Abusive Acts
			\| 1
			\| Article 82 of the Rome Treaty prohibits abuse of dominant position.

			\|-
			\|
			\| Price Setting
			\| 1
			\| Article 82(a) of the Rome Treaty prohibits price setting.

			\|-
			\|
			\| Discriminatory Pricing
			\| 1
			\| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

			\|-
			\|
			\| Resale Price Maintenance
			\| 1
			\| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

			\|-
			\|
			\| Obstacles to Entry
			\| 1
			\| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

			\|-
			\|
			\| Efficiency Defense
			\| 0
			\|

			\|- class="categorydivision"
			\| Restrictive Trade Practices
			\| Price Fixing
			\| 1
			\| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

			\|-
			\|
			\| Tying
			\| 1
			\| Article 81(1)(e) of the Rome Treaty prohibits tying.

			\|-
			\|
			\| Market Division
			\| 1
			\| Article 81 of the Rome Treaty prohibits customer allocation clauses.

			\|-
			\|
			\| Output Restraint
			\| 1
			\| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

			\|-
			\|
			\| Market Sharing
			\| 1
			\| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

			\|-
			\|
			\| Eliminating Competitors
			\| 1
			\| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

			\|-
			\|
			\| Collusive Tendering/Bid-Rigging
			\| 1
			\| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

			\|-
			\|
			\| Supply Refusal
			\| 1
			\| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

			\|-
			\|
			\| Efficiency Defense
			\| 1
			\| Article 81(3) of the Rome Treaty allows an efficiency defense.

			\|}

			== References ==
			<references />

KNovak at 21:02, 4 August 2008

2008-08-04T21:02:59Z

← Older revision		Revision as of 21:02, 4 August 2008
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| 3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.		\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.

	\|-		\|-
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| 3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.		\| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 1
	\| §19(2)(ii) allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.		\| §19(2)(ii) of the Danish Competition Act allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| §12b(1) requires notification of a merger within 1 week of the conclusion of the agreement.		\| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| §12b(1) requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.		\| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| §12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.		\| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| §12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.		\| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

	\|-		\|-

KNovak at 20:59, 4 August 2008

2008-08-04T20:59:35Z

← Older revision		Revision as of 20:59, 4 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~It is not expressly stated in the Competition Act but it is applicable to anything that~~ has ~~an effect~~ on ~~the Danish territory~~.~~<ref>''Competition Law in the EU'', at 471</ref>~~		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| §23 allows fines to be imposed on anybody who infringes certain sections of the Competition Act.		\| §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.

	\|-		\|-
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| § 12(g)		\| § 12(g) of the Danish Competition Act.

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 20:56, 4 August 2008

2008-08-04T20:56:06Z

← Older revision		Revision as of 20:56, 4 August 2008
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	'''Score = '''		'''Score = '''

	''Governed by:'' Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).		''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).
	<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>		<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>