Denmark - International Encyclopaedia of Laws

General Introduction 43–4743. The Competition Act (konkurrenceloven) introduced in 1998 reflected a firststep towards harmonization with EU law. According to its accompanying preparatoryworks, the Act was to be interpreted and applied in accordance with the EUcompetition rules and case law. Modelled on the provisions of EU competition law,the Danish Competition Act introduced the principle of prohibition which proscribedcertain behaviour per se, without requiring a declaration from the authorities.44. Generally, subsequent amendments to the Danish Competition Act havebrought it further in line with EU law. Provisions were introduced to prohibit anticompetitiveagreements and abuse of a dominant position. An amendment in 2000introduced Denmark’s first merger control regime and also authorized the Danishcompetition authorities to directly apply Articles 101 and 102 Treaty on the Functioningof European Union (TFEU) (then Articles 81 and 82 EC) to Danish cases.A 2002 amendment increased fines for cartel agreements, while in 2004 the DanishCompetition Act was harmonized with EC Regulation 1/2003 and the new regulationon merger control (139/2004).45. A significant amendment occurred in 2007 with the introduction of a newleniency regime similar to the EU and US systems, and amendments passed in 2010lower the merger notification thresholds and revise the notification process.46. While the focus and usual practical effect of amendments is harmonizationwith the EU system, from time to time amendments necessarily include new substantiveor procedural rules peculiar to the Danish jurisdiction. Examples include:the explicit prohibition against ‘binding resale prices’ or resale price maintenancein section 6(2)(vii); a power for the authorities to examine the trading terms of anundertaking (section 10a); and a provision enabling the authorities to grant anexemption for certain notified behaviour constituting abuse of a dominant position(section 11(5)).I. Nordic Cooperation47. In 2001, Denmark, Norway and Iceland signed the Nordic CooperationTreaty, an agreement designed to strengthen cooperation between the MemberStates’ competition authorities and ensure efficient national enforcement of the competitionrules. The Treaty provides that national competition authorities mayexchange confidential information for completed or ongoing cases. Sweden joinedthe Treaty in 2004.Competition Law – (February 2011)Denmark – 23