Denmark August 2005

Score = 22

Governed by: 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
Dominance	Limits Access	1	§11(3)(ii) lists limiting production and markets as a prohibited abuse.
	Abusive Acts	1	§11(1) prohibits any abuse by an undertaking of a dominant position.
	Price Setting	1	§11(3)(i) lists price setting as an example of an abusive act.
	Discriminatory Pricing	1	§11(3)(iii) lists applying dissimilar conditions to equivalent transactions as an abusive act.
	Resale Price Maintenance	1	§7(2)(i) prohibits RPM and exempts it from the usual defenses for anticompetitive practices. Also see, §6(2)(vii).
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	§6(2)(i) prohibits price fixing.
	Tying	1	§§ 11(3)(iv) and 6(2)(v) both prohibit tying arrangements.
	Market Division	0
	Output Restraint	1	§6(2)(ii) prohibits limiting production.
	Market Sharing	1	§6(2)(iii) prohibits market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	§7(2)(ii) prohibits collusive tendering and exempts it from the usual defenses for anticompetitive practices.
	Supply Refusal	0
	Efficiency Defense	1	§8(1)(i) makes an exception to §6 for agreements that contribute to improving the efficiency of production or distribution of goods.