Morten Nissen

Bird & Bird (Copenhagen)
Lawyer (Partner)

Morten is a partner and co-head of the international Competition & EU group. He also leads the Competition & EU team in Denmark. He has a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for clients. Competition authorities act differently in different countries. He has solid international experience and an outlook based on working for more than 12 years as a lawyer based in Brussels, which includes doing a number of fascinating competition cases in many countries across Europe as well as Asia. This first-hand experience helps him better navigate cases to obtain results that make a difference. His prime focus is on state aid, competition restricting agreements, and abuse of dominance. I have made numerous EU and national merger control notifications, and he is always focused on optimising the business outcome and delivering competitive advantage. He is proud to say he has been involved in a high number of cases that made new case law. His sector experience is particularly strong in the pharmaceutical, copyright, media, IT, telecoms, passenger transport and international payment systems sectors. Over the years, he has represented clients in a large number of legal procedures before the EU Court of Justice in Luxembourg. Amongst these, he has won four appeal cases against the EU Commission, including a state aid case before the Grand Chamber of the EU court of justice which ultimately led to the EU Commission’s Legal Service turning around and choosing him to represent the Commission in a number of other state aid cases. Until 2012, he was a partner in the Brussels office. He left Bird & Bird to start a pharmaceutical business and other start-ups. After this, he was Of Counsel at a leading Danish firm, before finding his way home to Bird & Bird in 2018. At Bird & Bird, he benefits from a truly international set-up and he has a personal network that allows him to know exactly who is well placed to handle a particular case in one of many offices around the word. It particularly allows him to pull in points of view from a high-quality pool of 65 competition lawyers around the world. He is a member of the World Competition, Law and Economics Journals Advisory Board (Kluwer) and co-authored ’Guide to EU Pharmaceutical Regulatory Law’ (Kluwer).

Linked authors

Bird & Bird (Copenhagen)
Bird & Bird (Brussels)
Bird & Bird (Belgium)

Articles

964 Bulletin

Morten Nissen, Frederik Haugsted The Danish Competition Authority requests a referral to the EU Commission for a proposed acquisition between two financial services companies on the basis that the merger might affect markets in other member states (Mastercard / Nets)

28

The Danish Competition and Consumer Authority ("DCCA") has for the first time ever requested a referral of a merger to the European Commission under Article 22(1) of the EU Merger Regulation. The referral concerns the proposed acquisition by Mastercard/Europay U.K Limited of certain parts of (...)

Morten Nissen, Frederik Haugsted The Danish High Court finds two companies guilty of exchanging prices and coordinating tenders on several construction contracts (Jorton / Skjøde Knudsen)

30

On 7 January 2020, the Danish High Court (“High Court”) found the two construction groups, Jorton A/S and H. Skjøde Knudsen A/S, guilty of having infringed the Danish Competition Act by exchanging prices and coordinating tenders on several construction contracts. The High Court found that the two (...)

Morten Nissen, Frederik Haugsted The Danish Supreme Court rules against two major road marking undertakings for submitting a joint bid with the object of restricting competition (Road Marking Case)

27

On 27 November 2019, the Danish Supreme Court delivered its judgment in the expected ’’Road marking case’’, deciding that two undertakings had infringed the Danish Competition Act by submitting joint bids for a project for the Danish Road Directorate in 2014. In February 2014, the Danish Road (...)

Morten Nissen, Frederik Haugsted The Danish Maritime and Commercial Court rules against two companies for entering into an anticompetitive agreement for the purchase and sale of the distribution of unaddressed mail (Mediacenter)

20

On 21 October 2019, the Danish Maritime and Commercial Court found two Danish companies, Mediacenter Danmark and MPE Distribution, guilty of having entered into an anticompetitive agreement to share customers on the market for the purchase and sale of the distribution of unaddressed mail. It (...)

Morten Nissen, Frederik Haugsted The Danish Competition Authority acquits two companies of illegally coordinating prices in the delivery of workwear (Bjerregaard Sikkerhed / Bacher Logistics)

13

On the 24th of September 2019, two Danish companies Bjerregaard Sikkerhed A/S and Bacher Logistics A/S were acquitted by the Danish Competition Authority (DCCA) of illegally coordinating prices and other terms. The case stems from an interministerial procurement of five framework agreements (...)

Morten Nissen, Frederik Haugsted The Danish Competition Authority fines the national oil and petrol service station company for failure to notify an acquisition as required under the merger control rules (Circle K)

18

On 26 June 2019, the Danish Competition and Consumer Authority ("CCA") announced that the Danish oil and petrol service station company Circle K Denmark A/S accepted to pay a fine of DKK 6.000.000 (EUR 800.000) for failure to notify an acquisition as required under the merger control rules in (...)

Morten Nissen, Frederik Haugsted The Danish Maritime and Commercial Court finds that a price coordination agreement between companies and a trade organisation in the gas market restricted competition (HMN)

18

On 12 June 2019, the Danish Maritime and Commercial Court found that a price coordination agreement between HMN Naturgas I/S, its two sub-contractors and a trade organisation had the object of restricting competition. HMN is a municipally owned natural gas undertaking that offers a maintenance (...)

Morten Nissen, Frederik Haugsted The Danish Competition Authority announces that 45 retail and online stores received injections to remove all illegal payment-card fees that were charging on consumers

13

On 5 April 2019, the Danish Competition and Consumer Authority ("Authority") announced that 45 retail and online stores (including pharmacies, shops, cafés, restaurants and online stores) have received injunctions from the Authority to remove all illegal payment-card fees they were charging (...)

Morten Nissen, Frederik Haugsted The Danish Competition Authority finds that a company abused its dominant position by excluding a competitor from the market for ambulance services (Falck / BIOS)

21

On 30 January 2019, the Danish Competition Council ("DCC") established that Falck abused its dominant position (Danish Competition Act § 11 - Article 102 TFEU), by excluding the Dutch company BIOS from the Danish market for ambulance services. Falck is the largest provider of ambulance services (...)

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