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Jens Munk Plum

Kromann Reumert (Copenhagen)

Lawyer (Partner)

Jens Munk Plum is a partner and coordinator within the competition law group of Kromann Reumert, the leading law firm in Denmark. The main work area is EU and Danish competition law and his main areas of expertise include merger control and advice on price and discount issues in relation to dominant companies. Jens also provides advice on procurement law issues and EU law issues in general. Jens was born in 1965 and has been a partner since 2000. Jens Munk Plum graduated from the University of Copenhagen (Master of Laws 1990) and the Free University of Brussels (LL.M 1994). Jens worked at Kromann Reumert’s Brussels office in 1997-1998, which is part of the competition law group. He is a regular speaker at conferences on competition law issues. Jens is co-author of the book “Dansk Fusionskontrol” (Danish Merger Control) and has published a large number of articles in Danish and international journals.

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Articles

15192 Bulletin

Jens Munk Plum Prohibited mergers: An overview of EU and national case law

23 August 2018 1038

Mergers and acquisitions are key functions of the capital markets. Combined with the fact that nowadays a merger control regime is in force in almost every country of the world, the need for merger clearance is often seen as a potentially frustrating bump on the road. Time is money and every day spent awaiting merger clearance has an impact on the profitability calculations behind the deal. Hence, the parties are eager to speed up the merger control process as much as possible. Bearing that in mind, it is hard to imagine a more tragic outcome of a merger control process than a prohibition, and a withdrawal is effectively the same.

Jens Munk Plum The Danish Supreme Court ends a decade-long case concerning the national postal incumbent by delivering the final judgment in the predatory price case (Post Danmark)

15 February 2013 112

On 15 February 2013, the Danish Supreme Court ended the decade-long Post Danmark case by delivering the final judgment in the case. This note gives a brief overview of the facts and the procedure of the case and then comments on what we can learn from the Supreme Court judgment in its (...)

Jens Munk Plum The Danish Maritime and Commercial Court delivers a judgment restrictive conditions imposed by a TV provider to its distributors (Viasat)

6 January 2012 40

On 6 January 2012, The Danish Maritime and Commercial Court delivered its judgment in the long running Viasat case. This note gives a brief overview of the process and facts of the case, and then comments on the perspectives on the case. Background The case concerns Viasat Broadcasting UK (...)

Jens Munk Plum The Danish Competition Council orders leading postal service company to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail (Post Danmark)

22 December 2010 155

The Danish Competition Council (DCC) has 22 December 2010 ordered Post Danmark to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail. This is the fourth time that Post Danmark has been under investigation by the Danish (...)

Jens Munk Plum The Danish Competition Council grants an individual exemption for a horizontal cooperation between 27 small and medium-sized car insurance companies (Taksatorringens vedtægter)

29 April 2009 1192

The Danish Competition Council exempted horizontal cooperation between 27 small and medium-sized motor vehicle insurance companies for the third time in a row. The cooperation consisted of a jointly established association of insurance appraisers (taksatorringen) that: (1) assess motor vehicle (...)

Jens Munk Plum The Danish Competition Council finds that a transporters association violated Danish competition law by distributing certain information to its members (Dansk Transport og Logistik)

17 December 2008 1942

On 17 December 2008 the Danish Competition Council found that Dansk Transport og Logistik’s distribution of certain information to its members amounted to an infringement “by object” of Danish competition law . The information concerned included: (1) several cost calculation programmes, of which (...)

Jens Munk Plum The Danish Competition Council withdraws remedies that it had imposed in 2002 when approving a merger between two member-owned purchasing associations in the building materials market (Dendek / Ditas)

24 September 2008 884

In 2002 the Danish Competition Authority approved a merger between two member-owned pur-chasing associations in the building materials market: Dendek and Ditas. Because the merger created a dominant position for the continuing company Ditas, the Competition Council conditioned the approval upon (...)

Jens Munk Plum The Danish Competition Council approves the conversion of a broadcasting services company into a full-function joint venture, subject to remedies to ensure non-discrimination in the treatment of customers (Danmarks Radio / TV2 / Broadcast Service Danmark JV)

7 July 2008 1243

The operation Danmarks Radio was the national public service broadcasting television station in Denmark. TV2 was a state-owned television broadcaster. TV2 owned and operated a number of television channels. Danmarks Radio and TV2 jointly owned Broadcast Service Danmark. The parent companies (...)

Jens Munk Plum The Danish Competition Appeals Tribunal partly confirms and partly annuls a decision of the NCA’s on excessive pricing in the wholesale market for physical electricity in Western Denmark (Elsam III)

3 March 2008 1181

On 3 March 2008, the Danish Competition Appeals Tribunal decided an appeal against an exces-sive pricing decision made by the Danish Competition Council on 20 June 2007. In the original de-cision, the Council had concluded that Danish electricity producer Elsam had abused its dominant position (...)

Jens Munk Plum The Danish Competition Council approves the creation of a joint venture between two television broadcasters subject to 17 remedies due to a risk of coordination effects between the parent companies (TV2 / MTG / TV2 Sport JV)

11 April 2007 820

The operation TV2 was a state-owned television broadcaster. TV2 owned and operated a number of television channels. Its core channel, named ‘TV2’, was financed primarily through advertisements, whereas other channels were financed through a combination of subscription fees and advertisements. (...)

Jens Munk Plum The Danish Competition Council approves the creation of a JV in the distribution of newspapers market, subject to remedies, including non-discrimination, distribution obligation (JP/Politikens Hus/ Syddanske Medier)

28 February 2007 1289

The operation JP/Politikens Hus A/S was active in a number of media sectors, including national newspapers, several local newspapers, publishing and radio and television production. The primary activity of Syddanske Medier K/S involved publishing the regional newspaper JydskeVestkysten and (...)

Jens Munk Plum The Danish Competition Council clears in Phase I the acquisition of a network of retail stores subject to remedies - despite the absence of pre-existing vertical or horizontal overlaps - including restrictions on supply-side exclusivity and the acquisition of competitors and removing constraints on employees (CVC/Matas)

31 January 2007 1195

The operation The Matas chain consisted of a voluntary chain of 294 shops throughout Denmark. The 180 different owners of those shops held one share in wholesale company Matas A/S for each shop they owned. The proposed acquisition by Private Equity investor CVC of Matas involved acquiring (...)

Jens Munk Plum The Danish Competition Council approved a joint venture in the market for the supply of fertilisers, subject to the commitment to abolish the parties’ downstream exclusivity agreements (Ferti Supply)

22 February 2006 1360

The operation The joint venture was between Dansk Landbrugs Grovvareselskab a.m.b.a. (“DLG”), AgroDanmark a.m.b.a. (“AgroDK”) and Norwegian company Yara Danmark A/S (“Yara”). The new entity, Ferti Supply, was to take over the parties’ fertilizer wholesale activities, which involved the purchase, sale (...)

Jens Munk Plum The Danish Competition Council conditionally approves the creation of a three-partner joint venture in the markets for classified online advertising for cars, real property and travel (Zonerne - Metropol Online / Det Faelles Udgiverselskab/TV2)

18 June 2003 1506

The operation The first transaction concerned the creation of the new joint venture, Zonerne A/S ("Zonerne") by three media companies: Metropol Online A/S, Det Faelles Udgiverselskab A/S and TV2 Danmark. Metropol Online was an internet-based company that operated in the markets for classified (...)

Jens Munk Plum The Danish Competition Council approved an acquisition in the natural gas market subject to remedies including dramatically reducing the duration of existing "take-or-pay" contracts with centralised power stations and granting third parties access to the transmission network and available gas storage capacity (DONG Naturgas / Naturgas Sjaelland)

28 February 2001 1235

The operation DONG Naturgas A/S was a wholly-owned subsidiary of DONG A/S. The activities of DONG A/S included: the purchase of natural gas; the transport of natural gas including transmission and distribution; the storage of natural gas; the sale of natural gas to end customers; the sale of (...)