Denmark - International Encyclopaedia of Laws

73–77Part I, Ch. 1, Sources of Antitrust Law in Denmark– Executive order 769/2002 implementing the block exemption regulation for motorvehicle distribution and servicing agreements.– Executive order 1211/2000 implementing the block exemption regulation on specializationagreements.– Executive order 622/2004 implementing the block exemption regulation on technologytransfer agreements.– A seventh block exemption is no longer in force. Concerning horizontal agreementson cooperative chains in the retail industry, the exemption appears to have hadits origins in Swedish law, rather than an EU block exemption. It was repealedin 2005.73. If an anti-competitive agreement does not fulfil the requirements of any ofthe block exemptions, it can be notified to the Competition Authority for an exemptionunder section 8(1). The requirements for an individual exemption correspondto those set out in Article 101(3) TFEU.74. The Competition Act also allows the Minister for Economic and BusinessAffairs to issue executive orders on administrative procedure in relation to the DanishCompetition Authority (and the Competition Appeals Tribunal – see below) aswell as on form, content and other details concerning applications and notifications.75. The executive orders operate as supplements to the Competition Act. Generally,they elaborate on certain complex areas of the Act or establish necessaryancillary legislation. The main executive orders cover internal agreements, turnovercalculation and merger notification. They are:– Executive order 1029/1997 on internal agreements within a company or groupof companies.– Executive order 895/2000 on the calculation of turnover.– Executive order 480/2005 on merger notification.76. An incomplete source of the Danish executive orders in English is the CompetitionAuthority’s website, .II. Guidelines77. The Danish Competition Authority has issued guidelines on the administrationof the most essential parts of the Competition Act. Some date as far back as1998, soon after the Act came into force.The following sets of guidelines are relevant:– Guidelines of 27 May 1998 on the prohibition of abuse of a dominant position(Competition Act, section 11).32 – Denmark Competition Law – (February 2011)