Denmark/EU, 2005

Score =

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	It is not expressly stated in the Competition Act but it is applicable to anything that has an effect on the Danish territory.
Remedies	Fines	1	§23 allows fines to be imposed on anybody who infringes certain sections of the Competition Act.
	Prison Sentences	0
	Divestitures	1	§ 12(g)
Private Enforcement	3rd Party Initiation	1	3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.
	Remedies Available to 3rd Parties	1	3rd parties can invoke §6, and 11 in Danish court directly without involving the Konkurrencerådet.
	3rd Party Rights in Proceedings	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.
Merger Notification	Voluntary	0
	Mandatory	3	§12b(1) requires notification of a merger within 1 week of the conclusion of the agreement.
	Pre-merger	2	§12b(1) requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.
	Post-merger	0
Merger Assessment	Dominance	1	§12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.
	Restriction of Competition	1	§12(c)(2) lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0