Jacob Borum

Plesner (Copenhagen)
Lawyer (Partner)

Jacob Borum specialises in EU law and competition law. Jacob has more than 19 years of experience advising on competition law. He has provided advice in several capacities: as an attorney-at-law, as a government official and as a corporate counsel. As an attorney-at-law, Jacob has advised companies on a wide range of competition law issues. He has represented clients before the Danish Competition and Consumer Authority and the European Commission, and he has conducted proceedings before the Court of Justice of the European Union. As an Assistant Head of Division at the Danish Competition and Consumer Authority, Jacob had responsibility for the enforcement of the Danish Competition Act, including in the health care, media, retail and telecommunications sectors. Jacob also has considerable experience within life science. Partly through his work with the competition rules in this field, partly through his work as a corporate counsel at AbbVie, a large American pharmaceutical company.

Distinctions

Appointed as a non-governmental advisor to the International Competition Network (Merger Working Group)

Articles

73328 Bulletin

Bertold Bar-Bouyssière, Alina Lacatus, Jacob Borum, Darach Connolly The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)

78

Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...)

Jacob Borum The Danish Competition Authority enters into settlements with five owners of driving schools in a cartel case (Thingaards / Henriks / Kronborgs / Dan’s / Kirkegårdsarbejde)

200

On 28 February 2014, the Danish Competition and Consumer Authority (“DCCA”) announced in a press release that the owners of five driving schools had entered into a settlement with the Public Prosecutor for Serious Economic and International Crime (“PSEIC”) for infringing section 6 of the Danish (...)

Jacob Borum, Uffe Hebbelstrup Larsen The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the top Danish league (Superliga)

210

On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

Jacob Borum The Danish Competition Appeals Tribunal confirms decision concerning refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)

290

On 9 December 2013, Danish Competition Appeals Tribunal (“DCAT”) confirmed the decision of the Danish Competition Council (“DCC”) of 12 June 2013, in which the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor (...)

Jacob Borum, Marie Løvbjerg The Danish Competition Authority issues an order to stop refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)

334

On 12 June 2013, the Danish Competition Council (“DCC”) held that the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor Nordic”), had infringed Danish and European competition law (section 6 and 11 of the (...)

Jacob Borum The Danish Competition and Consumer Authority enters into a settlement with an international consumer goods manufacturer in a resale price maintenance case concerning ice cream (Unilever Denmark)

323

On 30 April 2013, Unilever Danmark A/S (Danish subsidiary of the international consumer goods manufacturer, Unilever) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some (...)

Jacob Borum The Danish Supreme Court reverses NCA’s decision and finds that the national postal carrier incumbent did not abuse its dominant position by applying different prices to its customers and certain customers of a competitor (Post Danmark)

322

On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)

Jacob Borum The Danish Competition Authority requests that the Minister for Transport changes aviation legislation which prevents competition in the Copenhagen airport sector (Københavns Lufthavne)

88

On 25 January 2012, the Danish Competition Council sent a letter to the Minister for Transport and the Minister for Business and Growth requesting that the aviation legislation be amended to allow the construction of a new competing terminal in Copenhagen airport next to the existing terminals (...)

Jacob Borum The Danish Competition Authority finds that the national incumbent postal carrier has abused its dominant position through loyalty enhancing rebates (Post Danmark)

254

On 22 December 2010, the Danish Competition Council («DCC«) adopted a decision finding that the Danish incumbent postal carrier, Post Danmark A/S («Post Danmark«) had abused its dominant position in the national market for magazine mail by (i) granting individual target rebates to four large (...)

Jacob Borum The High Court of Eastern Denmark doubles fine imposed by the District Court on a professional association for recommending retail prices (Christmas Tree Growers Association)

956

On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

Jacob Borum A Danish Court of Appeal reduces the fines imposed by the City Court on an association, its director and its deputy director for encouraging a price increase (Danish coach drivers’ association)

1195

On 3 September 2009, the Danish Eastern High Court reduced the fines imposed by the City Court of Copenhagenon the Danish Coach Drivers’ Association, its director and its deputy director for infringing Section 6 of the Danish Competition Act (equivalent to Article 81 EC) by encouraging its (...)

Jacob Borum The Danish Eastern High Court overturns a decision by the Competition Appeal Tribunal and finds that a broadcaster has abused its dominant position by granting rebates (TV2)

1242

On 22 June 2009, the Danish Eastern High Court overturned a decision by the Competition Appeal Tribunal - thereby confirming the earlier decision by the Danish Competition Authority - and found that the Danish broadcaster TV2 has abused its dominant position by granting loyalty enhancing (...)

Jacob Borum The Danish Court in Frederiksberg imposes fines on a professional association and the highest fine ever to a person for recommending retail prices (Christmas Tree Growers Association)

1359

On 17 February 2009, a Danish Court found that the Danish Christmas Tree Growers Association and its director had infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by having issued price recommendations to its members. The Court (...)

Jacob Borum The Danish Competition Authority imposes the highest personal fine ever on flour producer and its director for resale price maintenance contrary to the Competition Act (Valsemølle)

1835

On 27 November 2008, the Danish flour producer Valsemølle A/S and its director accepted fines of DKK 1 million (EUR 134,000) and DKK 100,000 (EUR 13,000) respectively for having infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by (...)

Jacob Borum The Danish Competition Authority negotiates a fine with an association of suppliers of nautical equipment, its director and chairman for price agreements and retail price maintenance (Nautisk Udstyr)

4313

On the 20 April 2008, the association Nautisk Udstyr ApS, accepted to pay a fine of DKK 400,000 (EUR 53,000) for infringing the Danish Competition Act. The association’s director and Chairman also each accepted a personal fine of DKK 25,000 (EUR 3,000) for their involvement. The investigation (...)

Jacob Borum The Danish High Court upholds the Competition Authority’s decision, which found that the national postal carrier incumbent had abused its dominant position on the market for unaddressed mail by applying different prices to its own customers and the former customers of a competitor (Post Danmark)

125

On 21 December 2007, the Danish Eastern High Court upheld a decision by the Danish Competition Appeals Tribunal according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers (...)

Jacob Borum The Danish District Court of Roskilde imposes a criminal sanction on a company director and fines mobile phone dealers for fixing prices and transport costs following transmission of the case from the Competition Authority (Telemobilia / Aircom Erhverv / Jokerprice)

5283

On 27 November 2007 the Danish District Court of Roskilde found that the mobile phone distributor Telemobilia ApS (“Telemobilia”), and its director had fixed prices with two other mobile phone distributors (Aircom Erhverv and Jokerprice). The court imposed a fine of DKK 125,000 (EUR 17,000) on (...)

Jacob Borum A Danish Court imposes fines on an association of inns and hotels, its director and its board chairman for imposing minimum prices on its members (Danske Kroer & Hoteller)

6166

On 4 October 2007 the Danish District Court of Horsens found that an association of Danish inns and hotels, Danske Kroer & Hoteller, had decided to restrict competition by imposing minimum prices on its members through its bylaws. The court imposed a fine of DKK 400,000 (EUR 54,000) on DKH. (...)

Jacob Borum The Danish Parliament adopts changes to the Competition Act introducing leniency programme and strengthening the Competition Authority’s enforcement powers (2006-07-L 152)

4172

On 10 May 2007, the Danish Parliament adopted changes to the Danish Competition Act which introduce a leniency programme and strengthen the enforcement powers of the Danish Competition Authority (“DCA”). The amendments enter into force on 1 July 2007. In Denmark, the competition rules are (...)

Jacob Borum The Danish Competition Appeal Tribunal annuls the Competition Authority’s decision condemning the telecommunications incumbent for abuse of dominance through margin squeeze (TDC)

6717

On 10 February 2006, the Danish Competition Appeal Tribunal (“D-CAT”) partially annulled a decision by the Danish Competition Council (“DCC”) condemning the Danish incumbent telecommunications operator, TDC, for abusing its dominant position under section 11(1) of the Danish Competition Act by (i) (...)

Jacob Borum The Danish Competition Authority condemns a car manufacturer for abusing its dominant position by imposing surprise inspections on spare part dealers (E-parts / Mazda Motor Danmark)

2888

On 26 October 2005, the Danish Competition Council (“DCC”) adopted a decision condemning Mazda Motor Denmark for abusing its dominant position under section 11(1) of the Danish Competition Act by informing its authorised dealers and repairers that it intended to carry out surprise inspections at (...)

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