The Danish Competition Authority decides on the existence of an unlawful aid in application of s. 11a Competition Act in relation to subsidies granted to an internet portal on the grounds that the commercial and non-commercial parts of the website were not sufficiently distinguished (Portal Fyn.dk)

Factual Background The internet portal was developed in 2003 with the purpose of promoting the island of Funen as an attractive place to live, work and visit. The portal contains all kinds of information of both commercial and non-commercial nature (ranging from information on education, housing, entertainment, games, how to contact the relevant authorities etc). The portal has been created and operated by the company Portal Fyn Ltd ("Portal Fyn"). Portal Fyn was selected by the competent authority, the county of Funen, on the basis of direct negotiations between the two parties. No public tender procedure was held. It was agreed that Portal Fyn would be guaranteed an annual subsidy of DKK 1.5m (some € 200,000) for the period 2003-2005 for the development of the non-commercial parts

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  • Honoré & Fallesen (Copenhagen)

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Michael Honoré, The Danish Competition Authority decides on the existence of an unlawful aid in application of s. 11a Competition Act in relation to subsidies granted to an internet portal on the grounds that the commercial and non-commercial parts of the website were not sufficiently distinguished (Portal Fyn.dk), 27 September 2006, e-Competitions September 2006, Art. N° 27805

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