Search results - Concurrences

11 Dec 2020 B

The Danish Competition Authority publishes new guidelines on joint bidding

Dilja Helgadottir • January 2021

On 11 December 2020, the Danish Competition and Consumer Authority (“DCA”) published new guidelines on joint bidding consortia under the title “When companies bid jointly – guidelines for joint bidding under competition law” (the “New Guidelines”). The New Guidelines replace the Guidelines on Joint (...)

24 Nov 2020 R

Effet utile: The Court of Justice of the European Union rules that the national court is obliged to order the beneficiary to pay interest for the period of illegality of the aid, even if the aid was subsequently declared compatible with the internal market and the beneficiary is an undertaking entrusted with the operation of an SGEI (Viasat Broadcasting UK / TV2/Danmark)

Alain Ronzano • N° 4-2020

On 24 November 2020, the Court of Justice of the European Union delivered a judgment in Case C-445/19 (Viasat Broadcasting UK Ltd v. TV2/Danmark A/S) following a reference for a preliminary ruling by the Court of Appeal of the Eastern Region of Denmark on the financing of public service (...)

20 Nov 2020 B

The EU Commission approves Danish fund to enable €1.34 billion of capital support to large companies affected by COVID-19 outbreak

European Commission • November 2020

State aid: Commission approves Danish fund to enable €1.34 billion of capital support to large companies affected by coronavirus outbreak* The European Commission has approved Danish plans to set up a fund with a target size of up to DKK 10 billion (approximately €1.34 billion) to recapitalise (...)

12 Oct 2020 B

The Danish Competition Authority finds that competition in the market for recurring payments can be strengthened

Danish Competition Authority • October 2020

Competition in the Danish market for recurring payments can be strengthened* There is a potential for strengthening competition in the Danish market for recurring payments. That is the conclusion of the recently published analysis from the Danish Competition Council, which examines the (...)

28 Sep 2020 B

The Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy

Swedish Competition Authority, Danish Competition Authority, Icelandic Competition Authority, Norwegian Competition Authority, Finnish Competition Authority • September 2020

Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy* As a contribution to the debate on competition enforcement in the digital era and future rules for digital platforms, the Nordic competition authorities are today publishing a joint (...)

28 Sep 2020 B

The Nordic Competition Authorities publish a joint memorandum setting out their perspective on competition in digital markets

Margot Vogels, Andreas Reindl • September 2020

On 28 September 2020, the competition authorities of Sweden, Denmark, Finland, Norway and Iceland issued a joint memorandum setting out their perspective on competition in digital markets (the “Joint Memorandum”). As previously reported in this newsletter (see, VBB on Competition Law, Volume (...)

28 Sep 2020 B

The Nordic Competition Authorities release a joint memorandum on digital platforms and the future of European policy on issues of competition in digital markets

Morten Nissen, Frederik Haugsted • September 2020

In order to contribute to the ongoing policy discussion on the challenges following the rise of digital technologies, the Nordic competition authorities have published a memorandum entitled “Digital platforms and the potential changes to competition law at the European level”. The aim of the (...)

18 Sep 2020 B

The Danish Competition Authority fines a design company for dictating prices (GUBI)

Danish Competition Authority • September 2020

Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

18 Sep 2020 B

The Danish Competition Authority fines a design company for resale price maintenance (GUBI)

Andrzej Kmiecik • September 2020

According to a press release issued by the Danish Competition Authority (the “Authority”) on 18 September 2020, Danish design company GUBI A/S has entered into a settlement with the Authority and accepted to pay a fine of DKK 6 million (approximately € 800,000) for having engaged in resale price (...)

1 Sep 2020 B

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (Økonomisk Forening for Persontransport)

Danish Competition Authority • September 2020

Association of passenger carriers pays a fine of DKK 400,000 for bid rigging* The association of undertakings Økonomisk Forening for Persontransport has accepted a fine of DKK 400,000 (app € 53,643) for coordinating bids between its members. The association of undertakings Økonomisk Forening for (...)

26 Aug 2020 B

The Danish Competition Authority approves takeover of subsidiary and customer agreements as fulfillment of remedy required in merger of parent company in the natural gas market (OK / Ørsted Varmeservice)

Danish Competition Authority • August 2020

The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S* On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)

26 Aug 2020 B

The Danish Competition Authority accepts commitments from a digital platform to remove a mandatory minimum hourly fee for regular cleaning services providers on the platform (Hilfr)

Frederik Haugsted, Morten Nissen • August 2020

A Danish digital platform facilitating contact between providers of cleaning services and customers, www.hilfr.dk (‘Hilfr’), operated with a minimum hourly fee as a prerequisite for the providers to offer their services on the platform. The providers of cleaning services using Hilfr are divided (...)

17 Aug 2020 B

The EU Commission approves €1 billion Danish and Swedish measure to recapitalise major network airline due to the COVID-19 outbreak (SAS)

European Commission • August 2020

State aid: Commission approves €1 billion Danish and Swedish measure to recapitalise SAS* The European Commission has approved Danish and Swedish plans to contribute up to SEK 11 billion (approximately€1 billion) to the recapitalisation of SAS. The measure was approved under the State aid (...)

30 Jun 2020 B

The Danish Competition Authority finds that a digital platform for professional service providers infringed competition law by object when its algorithm suggested minimum quotes that accountants and bookkeepers should charge clients on the platform (Ageras)

Danish Competition Authority • June 2020

Danish Competition Council: Ageras has infringed competition law* This decision concerns the actions of the digital platform Ageras A/S (Ageras). Ageras offers a digital platform - www.ageras.dk – that allows users of professional services such as accounting, bookkeeping and legal services to (...)

30 Jun 2020 B

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)

Danish Competition Authority • June 2020

FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on the (...)

24 Jun 2020 B

The Danish Competition Authority finds the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)

Danish Competition Authority • June 2020

The Danish Competition Council has adopted a decision finding the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal* On June 24 2020, the Danish Competition Council (DCC) adopted two separate decisions concerning (...)

24 Jun 2020 B

The Danish Competition Authority approves an energy and fiber optic group’s acquisition of several companies from another energy group with services covering mostly separate geographic markets, subject to divestment of customers in a highly overlapping market (SEAS-NVE / Ørsted)

Danish Competition Authority • June 2020

The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

24 Jun 2020 B

The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)

Andrzej Kmiecik, Helga Gudmundsdottir, Marcus Gustafsson • June 2020

On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between Hugo (...)

28 May 2020 B

The Danish Competition Authority conditionally clears an acquisition in the natural gas sector subject to the divestment of 107,000 consumers (SEAS-NVE / Ørsted)

Frederik Haugsted, Morten Nissen • May 2020

On 28 May 2020, the Danish Competition and Consumer Authority (DCCA) received a complete notification of SEAS-NVE A/S’ (SEAS-NVE) acquisition of control of several subsidiaries of Ørsted A/S. Based on an overall assessment, the DCCA assessed that the merger would give rise to unilateral effects (...)

15 May 2020 B

The EU Commission approves Danish guarantee scheme to stabilise trade credit insurance market in COVID-19 outbreak

European Commission • May 2020

State aid: Commission approves Danish guarantee scheme to stabilise trade credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Danish guarantee scheme to support the trade credit insurance market in face of the coronavirus outbreak. (...)

11 May 2020 B

The Danish Maritime and Commercial High Court rules that pieces of information in decision from the Competition Authority are not exempt from publication (Teller’s / Nets)

Danish Competition Authority • May 2020

Danish Maritime and Commercial High Court: Pieces of information in decision from the Danish Competition Council are not exempt from publication* On May 11 2020, The Danish Maritime and Commercial High Court decided that a series of information in an August 2018-decision from the Danish (...)

7 May 2020 B

The Danish Competition Authority submits for public hearing new version of guidelines on joint bidding

Danish Competition Authority • May 2020

Public hearing on guidelines on joint bidding* The Danish Competition and Consumer Authority has published a draft version of the guidelines “When companies bid jointly – guidelines for joint bidding under competition law”. The guidelines are now in public hearing. The Danish Competition and (...)

5 May 2020 B

The EU Commission approves €296 million Danish loan schemes to support start-ups affected by COVID-19 outbreak

European Commission • May 2020

State aid: Commission approves €296 million Danish loan schemes to support start-ups affected by coronavirus outbreak* The European Commission has approved two Danish loan schemes to support start-up companies in the context of the coronavirus outbreak. The loan schemes, with a total budget of (...)

30 Apr 2020 B

The EU Commission approves four Danish schemes granting tax deferrals and comparable measures to ease liquidity constraints in SME’s facing difficulties due to the COVID-19 pandemic

European Commission • April 2020

STATE AID: COMMISSION APPROVES €130 MILLION DANISH SCHEMES TO SUPPORT SMES AFFECTED BY CORONAVIRUS OUTBREAK* The European Commission has approved four Danish schemes with a budget of DKK 970 million (approximately €130 million) granting tax deferrals and comparable measures to ease liquidity (...)

30 Apr 2020 B

The Danish Competition Authority finds a company abused its dominance in the market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements (Godik)

Danish Competition Authority • April 2020

Godik has abused its dominant position on the Danish market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements* On 29 April 2020, the Danish Competition Council (“the DCC”) adopted a decision concerning Godik’s (a (...)

16 Apr 2020 B

The Danish Competition Authority suspends merger control deadlines due to the COVID-19 outbreak

Frederik Haugsted, Morten Nissen • April 2020

In an unprecedented move, the Danish merger control deadlines have been suspended from the 18 March due to the COVID-19 situation until 10 May for now. When undertakings wish to implement a larger merger, the Competition and Consumer Authority (“DCA”) must ensure that the merger will not (...)

16 Apr 2020 B

The Danish Competition Authority extends the suspension of merger review time limits during the COVID-19 crisis

Danish Competition Authority • April 2020

Suspension of time limits for merger review is extended* The Minister of Industry, Business and Financial Affairs has issued an order, which extends the suspension of merger review time limits until May 10. When companies wish to implement a merger, the Competition and Consumer Agency must (...)

15 Apr 2020 B

The EU Commission approves Danish public guarantee of up to €137 million to compensate airline SAS for damage caused by COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves Danish public guarantee of up to €137 million to compensate airline SAS for damage caused by coronavirus outbreak* The European Commission has found a Danish State guarantee of up to approximately €137 million on a revolving credit facility in favor of Scandinavian (...)

15 Apr 2020 eB

Women & Antitrust - Voices from the Field, Vol. I BITTEN THORGAARD SØRENSEN, Danish Competition and Consumer Authority
and RASA ZAŠČIURINSKAITĖ, Cobalt Legal

155 Bitten Thorgaard Sørensen Danish Competition and Consumer Authority Rasa Zaš čiurinskait ė Bitten Thorgaard Sørensen is Deputy Director General at the Danish Competition and Consumer Authority. Prior to joining the Danish Competition and Consumer Authority as Deputy Director General in 2013, she (...)

8 Apr 2020 B

The EU Commission approves a Danish State aid scheme to compensate the companies activities affected negatively by the COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves €5.4 billion Danish scheme to compensate companies particularly affected by the coronavirus outbreak* The European Commission has approved under EU State aid rules a DKK 40 billion (approximately €5.4 billion) Danish scheme that compensates companies particularly (...)

3 Apr 2020 B

The EU Commission approves €200 million Danish loan in support of the Travel Guarantee Fund for travel cancellations due to COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves €200 million Danish loan in support of the Travel Guarantee Fund for travel cancellations due to coronavirus outbreak* The European Commission has found a Danish State loan facility of up to DKK 1.5 billion (approx. €200 million) in support of the Travel Guarantee (...)

3 Apr 2020 B

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)

Morten Nissen, Frederik Haugsted • April 2020

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 (...)

3 Apr 2020 B

The Danish Competition Authority makes its first merger referral to the EU Commission on the basis that it might affects markets in multiple other Member States (Mastercard / Nets)

Danish Competition Authority • April 2020

The European Commission to decide on the Master-card/Nets merger* The Danish Competition and Consumer Authority has referred the proposed merger between Mastercard and Nets to the European Commission. This is because the Danish Competition and Consumer Authority has come to the conclusion that (...)

30 Mar 2020 B

The EU Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by COVID-19 outbreak

European Commission • March 2020

State aid: Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by coronavirus outbreak* The European Commission has found a DKK 1 billion (approximately €130 million) Danish liquidity guarantee scheme for small and medium-sized enterprises (SMEs) (...)

25 Mar 2020 B

The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19

European Commission • March 2020

The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak. Executive Vice-President Margrethe Vestager, in charge of (...)

23 Mar 2020 B

The Danish Competition Authority reminds companies that competition law remains in force and will be enforced during the COVID-19 outbreak

Thomas Skou, Martin André Dittmer • March 2020

As the COVID-19 pandemic spreads across Denmark, merger control has come to a temporary standstill and significant parts of the country’s public administration have already been shut down for three weeks; however, the Danish competition authorities are adamant that competition law remains in (...)

21 Mar 2020 B

The EU Commission approves a €130 million State aid scheme to help the Danish small and medium-sized enterprises affected by the COVID-19 outbreak

European Commission • March 2020

State aid: Commission approves Danish guarantee scheme for SMEs affected by Coronavirus outbreak* The European Commission has found a DKK 1 billion (approx. €130 million) Danish guarantee scheme for small and medium-sized enterprises (SMEs) affected by Coronavirus outbreak to be in line with EU (...)

20 Mar 2020 B

The EU Commission approves Danish public financing of Fehmarn Belt fixed rail-road link

European Commission • March 2020

State aid: Commission approves Danish public financing of Fehmarn Belt fixed rail-road link* The European Commission has concluded that the public financing model of the Fehmarn Belt coast-to-coast infrastructure between Denmark and Germany is in line with EU State aid rules. Executive (...)

18 Mar 2020 B

The Danish Competition Authority suspends its time limits for merger review for 14 days as special measure due to COVID-19

Danish Competition Authority • March 2020

Time limits for merger control are suspended for 14 days* The Minister of Industry, Business and Financial Affairs has issued an order implying that the time limits for merger control are suspended for 14 days. When companies wish to implement a larger merger, the Competition and Consumer (...)

12 Mar 2020 B

The EU Commission approves the first COVID-19 related State aid notification submitted by Denmark within 24 hours of the notification to compensate damages caused by cancellations of large public events

Kai Struckmann, Genevra Forwood, Christoph Arhold, Aqeel Kadri • March 2020

As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the economy. Across the EU, measures vary, from governmental loans and (...)

12 Mar 2020 B

The EU Commission approves a COVID-19 related measure aimed at compensating event organisers for losses caused by cancellation

Amélie Champsaur, Daniel P. Culley, François-Charles Laprévote, Till Mueller-Ibold • March 2020

Recognizing the serious economic consequences that the COVID-19 crisis may create, on March 12 the Commission approved within 24 hours of notification a COVID-19 related measure in Denmark aimed at compensating event organizers for losses caused by cancellations. Following this initial ad hoc (...)

11 Mar 2020 eB

Richard Whish QC (Hon) Liber Amicorum The Ernst & Young Judgment and Gun-Jumping in EU Merger Control: Towards a Consistent Enforcement Trend of Gun-Jumping Cases?

Kyriakos Fountoukakos

385 The Ernst & Young Judgment and Gun-Jumping in EU Merger Control: Towards a Consistent Enforcement Trend of Gun -Jumping Cases? Kyria Kos F ountou KaKos *1 Herbert Smith Freehills Abstract Over the last five years, the European Commission has displayed a growing appetite for imposing fines for (...)

3 Mar 2020 B

The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)

Frederik Haugsted • March 2020

On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility that (...)

7 Jan 2020 B

The Danish High Court fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)

Danish Competition Authority • January 2020

THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)

7 Jan 2020 B

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

Morten Nissen, Frederik Haugsted • January 2020

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 (...)

20 Dec 2019 B

The Copenhagen City Court fines an ambulance service company for abusing of its dominant position by excluding its competitors through the adoption of exclusion strategies (Falck / BIOs)

Danish Competition Authority • December 2019

FINE OF DKK 30 MILLION TO FALCK* The City Court of Copenhagen has imposed a fine of DKK 30 million to the ambulance service company Falck Danmark A/S for abuse of dominant position. Falck abused its dominant position by excluding its competitor BIOS from ambulance services in the Region of (...)

10 Dec 2019 B

The Danish High Court finds distributor of hair products guilty of illegal resale price maintenance (Icon Hairspa)

Frederik Haugsted, Morten Nissen • December 2019

On 10 December 2019, the Danish High Court found that the Danish company, Icon Hairspa A/S, was guilty of illegal resale price maintenance by dictating the minimum resale price of certain hair products for their retailers. From 2016 to 2017, Icon Hairspa required that all retailers ought to (...)

27 Nov 2019 B

The Danish Supreme Court renders a judgement on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)

Thomas Skou, Martin André Dittmer • November 2019

The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a (...)

27 Nov 2019 B

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)

Morten Nissen, Frederik Haugsted • November 2019

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 (...)

1 Nov 2019 R

Gun Jumping in Merger Control. A Jurisdictional Guide, Catriona HATTON, Yves COMTOIS and Andrea HAMILTON (dir.), foreword by Richard WHISH

Richard Whish • N° 4-2019 • pp. 234-235

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

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