Denmark/EU, 2005: Difference between revisions
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| 3rd Party Initiation | | 3rd Party Initiation | ||
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| 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 | ||
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| 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 | ||
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| §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 | ||
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| Mandatory | | Mandatory | ||
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| §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 | ||
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| §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 | ||
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| §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 | ||
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| §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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Revision as of 21:02, 4 August 2008
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 [1] and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”). [2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | § 12(g) of the Danish Competition Act. | |
| Private Enforcement | 3rd Party Initiation | 1 | 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. |
| Remedies Available to 3rd Parties | 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 Party Rights in Proceedings | 1 | §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. | |
| Merger Notification[3] | Voluntary | 0 | |
| Mandatory | 3 | §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement. | |
| Pre-merger | 2 | §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. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §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. |
| Restriction of Competition | 1 | §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. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 |
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/
- ↑ 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.