Search results - Concurrences

21 Mar 2020

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 • Preview

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 (...)

18 Mar 2020

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

Danish Competition Authority • Preview

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

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 • Preview

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

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 • Preview

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

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 (...)

7 Jan 2020

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 (...)

20 Dec 2019

The City Court of Copenhagen imposes a fine to 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 (...)

27 Nov 2019

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 (...)

1 Nov 2019

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 (...)

21 Oct 2019

The Danish Maritime and Commercial Court confirms the Danish Competition Authority’s decision finding that media agencies have concluded a market sharing agreement (Media Agencies)

Danish Competition Authority • October 2019

Court: Agreement between media agencies constituted anti-competitive customer allocation* Danish Maritime and Commercial Court confirms Competition Council decision: Agreement between media agencies constituted anti-competitive customer allocation. In August 2017, the Danish Competition (...)

18 Sep 2019

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)

Danish Competition Authority • September 2019

The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

6 Sep 2019

Gun Jumping in Merger Control: A Jurisdictional Guide DENMARK

Jens Munk Plum

DENMARK Jens Munk Plum (Kromann Reumert) Gun Jumping In Merger Control 123 Part 1: Merger Control and the “Standstill Obligation” Please identify the relevant merger control legislation in your jurisdiction. Please provide a link to the relevant legislation (if possible, in English) and also (...)

22 Aug 2019

The Danish Competition Authority informs that demolition companies and its management members payed fines after they entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)

Danish Competition Authority • August 2019

Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

6 Aug 2019

The Danish Competition Authority informs that an association of camera distributors accepts fine for price coordination and information exchange (Team DS)

Danish Competition Authority • August 2019

Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”* On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between the (...)

25 Jun 2019

The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)

Danish Competition Authority • June 2019

The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)

1 May 2019

The Danish City Court of Hillerod fines a demolition company for exchanging prices with a competing company in four cases (Nedrivningsaktieselskabet J. Jensen)

Danish Competition Authority • May 2019

Denmark: Demolition Company fined DKK 1 million in bid rigging case* The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two members (...)

7 Mar 2019

The Danish Competition Authority fines several plumbing companies and three managers for bid rigging (Christoffersen & Knudsen)

Danish Competition Authority • March 2019

Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

28 Feb 2019

The EU Commission opens an in-depth investigation to assess whether Danish and Swedish public support for a fixed rail-road link is in line with EU State aid rules (Øresund)

European Commission • February 2019

State aid: Commission opens in-depth investigation into public financing of Øresund fixed rail-road link* The European Commission has opened an in-depth investigation to assess whether Danish and Swedish public support for the Øresund fixed rail-road link is in line with EU State aid rules. This (...)

28 Feb 2019

The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets

Danish Competition Authority • February 2019

Excessive Pricing in Pharmaceutical Markets* Intervention against possible exploitative and excessive prices should always be considered carefully. However, the dynamics of pharmaceutical markets makes it particularly relevant for competition authorities to prioritise cases on unfair (...)

15 Feb 2019

The Danish district court of Næstved fines a hair-product wholesaler for resale price maintenance (Icon Hairspa)

Andrzej Kmiecik • February 2019

On 15 February 2019, the Danish court of Næstved imposed a fine of DK 1,000,000 (approximately € 135,000) on hair-product wholesaler Icon Hairspa for imposing minimum retail prices for Kevin Murphy-branded products on its dealers. An Icon Hairspa manager was also fined DK 100,000 for (...)

30 Jan 2019

The Danish Competition Authority finds that Denmark’s largest provider of ambulances services abused its dominant position by excluding its competitor from the market (Falck / BIOs)

Sam MacMahon Baldwin • January 2019

A new standard for abusive denigration? Danish NCA condemns covert media campaign* Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct (...)

30 Jan 2019

The Danish Competition Council reaches a decision regarding an abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)

Sam MacMahon Baldwin • January 2019

HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

11 Jan 2019

The Danish City Court of Hillerød fines two members of the management of a now dissolved demolition company for bid rigging

Danish Competition Authority • January 2019

Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company DKK 300.000 each for having participated in cartel agreements in the (...)

3 Jan 2019

The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements

Danish Competition Authority • January 2019

Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

20 Dec 2018

The Danish Competition Authority finds two competing media owners have fixing prices in breach of Danish Competition Law (Clear Channel Danmark and AFA JCDecaux)

Danish Competition Authority • December 2018

Outdoor media owners illegally agreed to fix discounts for several years* The two competing media owners Clear Channel Danmark A/S and AFA JCDecaux A/S, who both sell advertising space in outdoor-media, agreed to common discounts in violation of the Danish Competition Act. Chairman of the (...)

13 Dec 2018

The EU General Court annuls a Commission decision holding that public funding to an operator in a closed sector does not affect trade and therefore does not constitute State aid (Scandlines Danmark / Stena Line)

Phedon Nicolaides • December 2018

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

12 Dec 2018

The City Court of Odense acquits construction companies accused of exchanging prices and coordinating their bids (Jorton / H. Skjøde Knudsen)

Danish Competition Authority • December 2018

Denmark: City Court acquits construction companies in bid rigging case* The City Court of Odense acquitted the construction companies Jorton A/S and H. Skjøde Knudsen A/S as well as three members of the management in a bid rigging case. On 12 December 2018, the City Court of Odense acquitted (...)

7 Dec 2018

The EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)

European Commission • December 2018

Antitrust: Commission imposes binding obligations on TenneT to increase electricity trading capacity between Denmark and Germany* The European Commission has adopted a decision rendering legally binding commitments offered by German grid operator TenneT to significantly increase cross-border (...)

29 Nov 2018

The Danish Competition Appeals Tribunal upholds decision fining a company for excessive pricing (CD Pharma)

Tim Kasten • November 2018

On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

5 Nov 2018

The Danish Competition Council approves a merger between two private insurance companies based on the commitments submitted by one of them (Tryg / Alka)

Danish Competition Authority • November 2018

The Danish Competition Council has approved the merger between Tryg Forsikring A/S and Forsikrings-Aktieselskabet Alka subject to commitments* On 19 March 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Tryg Forsikring A/S’ (hereinafter (...)

24 Oct 2018

Towards more competition in high-tech markets? European perspectives

Adina Claici, Alexis Walckiers, Claus Kastberg Nielsen, Colin Raftery, David A. Higbee, Elvira Aliende Rodriguez, Iulian Stanciu, Jakob Hald, Jonas Hedman, Marie Goppelsroeder, Natalia Przystasz, Noémie Papp, Norbert Maier, Tommaso Valletti, Witte Wijsmuller

This 2nd edition of the Competition in high-tech markets half-day conference was organized by Concurrences Review, in partnership with Copenhagen Economics and Shearman & Sterling.

3 Oct 2018

The OECD Competition Committee publishes background materials on excessive prices in pharmaceutical markets

OECD • October 2018

There are strong arguments for not intervening against exploitative excessive pricing conducts, which have led to the development of stringent enforcement screens for the bringing of such cases. However, recent years have seen significant calls for intervention against high prices for (...)

19 sept. 2018

Aide d’Etat incompatible : Le Tribunal de l’Union européenne annule la décision de la Commission déclarant compatibles les garanties étatiques et aides fiscales accordées au consortium chargé de la construction du pont/tunnel entre Copenhague et Malmö (HH Ferries)

Alain Ronzano • N° 4-2018

Le 19 septembre 2018, le Tribunal de l’Union a rendu un arrêt dans l’affaire T-68/15 (Scandlines Øresund e.a. / Commission). Depuis l’année 2000, il existe deux moyens de franchir le détroit de l’Øresund entre le Danemark et la Suède. D’abord, au sud du détroit, entre Copenhague et Malmö, un pont et un (...)

19 Sep 2018

The EU General Court annuls an aid granted to an important project of common European interest (IPCEI) as unconditional and unlimited guarantees are incompatible with the internal market (Øresund road-rail fixed link)

Phedon Nicolaides • September 2018

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

13 Sep 2018

The Danish Competition Authority Appeals Board finds the Competition Authority’s legal and economic evaluation of a roofing membrane case to be insufficient (Icopal / NWP / DTB / TOR)

Danish Competition Authority • September 2018

Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

29 Aug 2018

The Danish Competition Authority finds that a payment cards company has abused of its dominance by using conditional rebates and provisions regarding exclusivity (Teller)

Danish Competition Authority • August 2018

Teller has abused its dominant position by using rebates conditional on exclusivity and provisions regarding exclusivity* On the 29th of August 2018 the Danish Competition Council (“DCC”) ruled in a case concerning Teller’s (a merchant acquirer) abuse of dominant position by use of rebates (...)

5 Jul 2018

The Danish Competition Authority adopts new guidelines on joint bidding under competition law

Danish Competition Authority • July 2018

New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

20 Jun 2018

The EU Commission holds that a selective tax reduction does not constitute State aid if it doesn’t provide an economic advantage for the enterprises concerned (Danish water tax exemption)

Phedon Nicolaides • June 2018

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

31 mai 2018

Gun jumping : La Cour de justice de l’Union européenne estime que les opérations qui ne sont pas nécessaires pour parvenir au changement du contrôle d’une entreprise ne relèvent pas de l’obligation de suspension de la concentration (Ernst & Young)

Alain Ronzano • N° 3-2018

Le 31 mai 2018, la Cour de justice de l’Union a rendu son arrêt dans l’affaire C-633/16 (Ernst & Young P/S contre Konkurrencerådet). Gun jumping or not Gun jumping ? Telle était en substance la question posée dans cette affaire à la faveur d’une demande de décision préjudicielle introduite par le (...)

31 May 2018

The EU Court of Justice puts an end to the extensive interpretation by some competition authorities of the concept of gun jumping (Ernst & Young)

Eric David, Marco Plankensteiner • May 2018

In its judgment of 31 May 2018 (Case C-633/16, Ernst & Young), the European Court of Justice (ECJ) ruled that the termination of a cooperation agreement in connection with a M&A transaction prior to its clearing under merger control rules does not constitute a gun jumping practice. (...)

31 May 2018

The EU Court of Justice clarifies the scope of gun jumping prohibition by excluding cooperation agreements which don’t contribute to the change in control of the target business (Ernst & Young)

Paul Culliford, Robert Bell • May 2018

EUROPEAN COURT OF JUSTICE CLARIFIES SCOPE OF GUN JUMPING PROHIBITION* Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the European (...)

31 May 2018

The EU Court of Justice provides guidance on the merger notification obligation in EU regulation (Ernst & Young)

Andrea L. Hamilton, Caroline Ruiz Palmer, David Henry • May 2018

European Court of Justice Provides Guidance on Scope of the Standstill Obligation Enshrined in the EU Merger Regulation* Pursuant to the EU merger control rules, a transaction that falls within the purview of the EU Merger Regulation (EUMR) must be notified to the European Commission (...)

28 May 2018

The EU Commission approves the State aid granted to the incumbent postal operator in Denmark to meet the costs of its universal service obligations (Post Danmark)

Phedon Nicolaides • May 2018

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

17 Apr 2018

The Danish Competition Appeal Tribunal confirms the sanction imposed for participating in a cartel in the camping card market (Campingrådet)

Danish Competition Authority • April 2018

Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

19 Mar 2018

The EU Commission opens a formal investigation into German grid operator for limiting cross border electricity capacity with Denmark (TenneT)

European Commission • March 2018

Antitrust: Commission opens investigation into German grid operator TenneT for limiting cross border electricity capacity with Denmark* The European Commission has opened a formal investigation to assess whether German grid operator TenneT’s limitation of capacity from Western Denmark into (...)

6 mars 2018

Aides d’Etat : La Cour de justice censure le Tribunal dans l’affaire de l’aide d’État accordée à une banque danoise en estimant que les risques découlant pour l’État membre de l’octroi d’une aide d’État antérieure ne peuvent être pris en compte lors de l’analyse de la rationalité économique intrinsèque d’une mesure en vue de déterminer si le comportement de l’État aurait pu être adopté par un investisseur privé (FIH)

Alain Ronzano • N° 2-2018

Le 6 mars 2018, la Cour de justice de l’Union a rendu un arrêt dans l’affaire C-579/16 (Commission européenne contre FIH Holding A/S, FIH Erhvervsbank A/S).   Suivant les conclusions rendues par l’avocat général Maciej Szpunar dans cette affaire, la Cour de justice de l’Union a donc accueilli le (...)

6 Mar 2018

The EU Court of Justice sets aside the General Court’s annulment of the Commission’s decision concerning state aid granted to a Danish bank (FIH)

Philip Bentley, Jacques Buhart, Mai Muto • March 2018

When considering whether a measure constitutes State aid for the purposes of Article 107(1) TFEU and applying the well-established private operator principle, one should take into account both the private creditor test and that of the private investor depending on the nature of the transaction. (...)

28 Feb 2018

The Danish Competition Authority fines an association of passenger carriers for bid rigging (ØFP)

Danish Competition Authority • February 2018

The Danish Competition Council finds that a decision by an association of passenger carriers on coordinating the association’s bids is illegal* On February 28, 2018, The Danish Competition Council (DCC) has found that, the association of passenger carriers Økonomisk Forening for Persontransport (...)

31 Jan 2018

The Danish Competition Authority fines a pharmaceutical company for abuse of dominance by charging unfair prices (CD Pharma)

Danish Competition Authority • January 2018

CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug Syntocinon. (...)

30 Jan 2018

The City Court of Copenhagen fines a real estate chain and an association of real estate agents for unlawful boycott (EDC-Gruppen / Danish Association of Chartered Estate Agents)

Danish Competition Authority • January 2018

Denmark: Real estate chain and the Danish Association of Chartered Estate Agents sentenced to fines for unlawful boycott* On January 30, 2018, the City Court of Copenhagen passed sentence upon the real estate chain EDC-Gruppen A/S and the Danish Association of Chartered Estate Agents for (...)

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