The Danish Parliament adopts amendments to the Danish Competition Act introducing criminal sanctions against cartels

On 23 December 2012, Denmark adopted amendments to the Danish Competition Act and to the Criminal Code. The main changes were the introduction of the possibility of incarceration in cartel cases as well as increased fines. According to the Competition Act’s section 23, membership of a cartel may now result in one year and six months imprisonment “if the breach is intentional and of a grave nature, especially due to the extent of the infringement or its potentially damaging effects.” However, according to a new Section 299 c of the Criminal Code, the maximum penalty may increase to six years imprisonment in particularly aggravating cases. Introduction The last substantive amendment of the Danish Competition Act (the “Act”) occurred in 2010 when the Danish Parliament lowered the turnover