Advanced Search

Announcement Of The Competition Act

Original Language Title: Bekendtgørelse af konkurrenceloven

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Purpose and scope of the law
Chapter 2 Prohibition of certain anti-competitive agreements
Chapter 2 A The trading conditions of the Dominant undertakings
Chapter 3 -The abuse of dominant position.
Chapter 3 a Competitive aid
Chapter 4 Fusion check
Chapter 5 Publicity
Chapter 6 The competition authority.
Chapter 7 Anke
Chapter 8 Provisions on penalties and rigging
Chapter 9 EU competition rules
Chapter 9 a Civil law obsolescence
Chapter 9 b Group Use
Chapter 10 Entry into force and transitional provisions, etc.

Completion of the competition law

In this way, the competition law is announced, cf. Law Order no. 23 of 17. January 2013, with the changes resulting from paragraph 1 of Law No 1. 620 of 12. June 2013 and section 22 of law no. 639 of 12. June 2013.

The announced legal text relating to section 12 d (1). ONE, ONE. pkt., section 12 d (1), 7, section 12 h, section 19, paragraph 1. Paragraph 19 (1) and section 19 (1). 2, no. 2, enter into force on 1. August 2013, cf. § 2 of Law No 620 of 12. June 2013 (fee for notification of mergers).

The announced legislative text on paragraph 13 (1). ONE, TWO. pkt., enter into force on 1. January 2014, cf. Section 31 of Law No 639 of 12. June 2013 (Law on the amendment of various legislative provisions on public access to documents)

Chapter 1

Purpose and scope of the law

§ 1. The law aims to promote an efficient social resource use through the operation of competition for the benefit of businesses and consumers.

§ 2. The Act shall include any business and aid by means of public funds for business activities.

Paragraph 2. The rules laid down in Chapters 2 and 3 do not apply if a competitive limit is a direct or necessary consequence of public regulation. A restriction on competition, determined by a municipal board, is only a direct or necessary consequence of public regulation where the anti-competitive limitation is necessary for the local authorities to fulfil the tasks assigned to it by the public authorities ; legislation.

Paragraph 3. Decisions taken by the governing board of a community of communal, cf. § 60, on the authority of the local authorities, the decision has been made by the municipality management decisions, cf. paragraph 2.

Paragraph 4. Decision of the extent to which a competitive restriction is subject to paragraph 1. The minister shall be taken by the minister under whose jurisdiction the relevant regulation is a matter for the relevant Member States. Permission of the Competition Minister to decide whether a competitive restriction is covered by paragraph 1. 2, the Minister shall take a decision within four weeks of the receipt of the Council's request. The competition may extend the time limit.

Paragraph 5. If the Competitive Council considers that a public regulation or aid scheme may have harmful effects on competition or, incidentally, to prevent an effective social resource use, the Council can, as a minister, as well as the business and the Minister for Growth will issue a reasoned opinion which points out possible adverse effects on competition and will make proposals to promote competition in the field. The Minister for the Interior and Growth and Growth Minister must respond to the Competition Council by four months from the receipt of the Council's opinion within four months of the receipt of the opinion of the Council. The competition may extend the time limit.

Paragraph 6. (The case).

§ 3. The law does not cover salary and working conditions. However, the Competition Council may, in need, require information from organisations and companies on wages and working conditions.

§ 4. (The case).

§ 5. The provisions of Chapter 2 shall not apply to agreements, decisions and concerted practices in the same establishment or group.

Paragraph 2. The Minister for the Acting and Growth Pact shall be determined after having obtained the opinion of the Competition Council on the application of paragraph 1. 1, including rules relating to the meaning of agreements and so on within the same enterprise or group.

§ 5 a. The demarcation of the relevant market under this law is based on studies on demand and tendering substitution and potential competition. The potential competition must be investigated when the market position of the companies involved on the relevant market has been documented and this position raises doubts as to whether the law has been breached.

Paragraph 2. The competition can involve external expertise for the assessment of paragraph 1. 1.

Chapter 2

Prohibition of certain anti-competitive agreements

§ 6. It is prohibited for undertakings and so on to conclude contracts which directly or indirectly have a purpose or to restrict competition.

Paragraph 2. Agreements in accordance with paragraph 1. 1 may consist of, for example,

1) to fix or sell or sell prices or other business conditions ;

2) limiting or controlling production, placing on the market, technical development or investment ;

3) to divide up markets or supply sources ;

4) to apply unequal terms and conditions for the same value to trading partners, thereby placing them at a competitive disadvantage ;

5) to make as a conditions for the conclusion of an agreement that the co-contractor approves additional services which, by their nature or as commercial practice, do not have a connection with the subject of the agreement ;

6) two or more companies are co-ordinating their competitive behaviour through the creation of a joint venture ; or

7) to establish binding resale prices or otherwise seek to obtain one or more trading partners not to derogate from indicative sales prices.

Paragraph 3. Paragraph 1 shall also apply to decisions within the association of undertakings and concerted practices between undertakings.

Paragraph 4. For the purposes of bringing infringements of paragraph 1. 1 to Termination, the Competitor may issue an injunction, cf. § 16. In order to respond to the concerns expressed in relation to paragraph 1, the Competiteeer shall be concerned. 1, the Council may also make commitments made, binding, in accordance with the rules of the undertaking. § 16 a (3) (a) 1.

Paragraph 5. Agreements and decisions which are prohibited under paragraph 1. 1-3 is invalid unless they are exempt after paragraph 7 is exempt from § 8 or § 10 or is covered by a declaration after paragraph 9.

§ 7. The prohibition in section 6 (2). Paragraph 1 does not apply to agreements between undertakings, decisions within the association of undertakings and concerted practices between undertakings, provided that the undertakings concerned have

1) an annual turnover of less than 1 billion. DKK and an overall market share for the product concerned or service of less than 10 pct;, cf. however, paragraph 1 2-4, or

2) a total annual turnover of less than 150 million. kr., cf. however, paragraph 1 TWO-FOUR.

Paragraph 2. The exceptions in paragraph 1. 1 shall not apply in cases where undertakings or association of undertakings agreements, concerts or approves ;

1) prices, avanxes, etc. for sale or resale of goods or services ;

2) the restriction of production or sale ;

3) the division of markets or customers ; or

4) ex ante regulation of tenders, the opening of tenders, the postponement of tenders, prior notification of tenders or other forms of cooperation prior to the tendering process.

Paragraph 3. The prohibition in section 6 (2). Paragraph 1 shall apply to paragraph 1. 1, in the case of an agreement between undertakings, the adoption of an association of undertakings and concerted practices between undertakings, if this Agreement, together with similar agreements and so on, restricts competition.

Paragraph 4. The Minister for the Acting and Growth Pact shall be determined after having obtained the opinion of the Competition Council on the calculation of the turnover of the turnover of the second paragraph. 1, including rules concerning the said transfrontier boundaries, shall be calculated on the basis of other financial undertakings.

Paragraph 5. The derogation in paragraph 1 shall be 1 shall apply, even though companies exceed the limits referred to in two consecuyears the following years. The Minister for the Group of the European Union, and the Minister for Growth, shall lay down, after having obtained the opinion of the Competition Council, detailed rules on this subject, including rules on the less crossing of the aforementioned borders.

§ 8. The prohibition in section 6 (2). Paragraph 1 shall not apply where an agreement between undertakings is adopted within the association of undertakings or a concerted practice between undertakings ;

1) contributes to strengthening the efficiency of production or distribution of goods or services, or promoting technical or economic development ;

2) ensure that consumers have a fair share of the benefits,

3) does not impose restrictions on undertakings which are unnecessary in order to atend these objectives ; and

4) does not allow companies to exclude competition in respect of a substantial part of the goods or services in question.

Paragraph 2. After notification, the Competition Council may exempt an agreement between undertakings, the adoption of an association of undertakings or a concerted practice between undertakings from the prohibition in section 6 (2). 1 if the Council considers that the conditions laid down in paragraph 1 shall be made. One has been fulfilled. Notification of the Agreement in question and so on with a request for exemption from paragraph 1. 1 may be submitted to the Competition and Consumer Protection Agency. The Council shall lay down detailed rules on notification, including rules on the use of special notification schemes, and the submission of a non-confidential version of a notification.

Paragraph 3. Decisions pursuant to paragraph 1. 2 must indicate for which time the exemption is valid. The exemption may be granted on condition.

Paragraph 4. After notification, the Competition Council may extend an exemption, provided that the Council considers that the conditions laid down in paragraph 1 are to be granted. One is still present. Paragraph 3 shall apply mutatis muctis.

Paragraph 5. The certificate of competition shall not be able to treat a notification under paragraph 1. 2 or paragraph 1. 4, if the agreement and so on perceptible may affect trade between Member States within the European Union.

Paragraph 6. The competish may change or revoke a decision after paragraph 1. 2 or paragraph 1. 4, if

1) the facts have changed in respect of a significant decision,

2) the participants in the Agreement and so on are not in compliance with the conditions

3) the decision has been taken on the basis of incorrect or misleading information from the participants in the Agreement, etc.

§ 9. After notification by a company or association of undertakings, the Competition may declare that an agreement, approval or concerted practice does not fall within the conditions of the Competition Council to be subject to the prohibition in section 6 (2). 1 and therefore no basis for issuing an injunction in accordance with section 6 (2). 4. The Council shall lay down detailed rules on notification, including rules on the use of special notification schemes, and the submission of a non-confidential version of a notification.

Paragraph 2. The certificate of competition shall not be able to treat a notification under paragraph 1. 1, if an agreement and so perceptible may affect trade between Member States within the European Union.

§ 10. The Minister for the Industry and Growth Pact provides for the submission of the opinion of the Competition Council for exemption from the prohibition in section 6 (4). 1, for groups of agreements, decisions and concerted practices, which comply with the conditions laid down in Article 8 (1). 1.

Paragraph 2. Where agreements, decisions relating to an association of undertakings or a concerted practice covered by a group exemption granted under paragraph 1 shall be adopted. 1, in a specific case, has effects which are incompatible with the conditions laid down in Article 8 (8). 1, the Competitions Council may withdraw the Block Exemption Regulation for the undertakings concerned, which are involved in the Agreement and so on.

Chapter 2 A

The trading conditions of the Dominant undertakings

§ 10 a. Competition may offer a dominant undertaking to submit its general trade conditions to Competition and Consumer Management, when :

1) there is no unjustified complaint from a competitor ;

2) there are special market conditions and

3) Whereas, because of these circumstances, there is a particular need for competition and consumer control to be given greater insight into how the dominant company determines its prices, discounts, etc.

The tender may be considered to be the trade conditions for the markets to which the complaint is concerned.

Paragraph 2. Opens in accordance with paragraph 1. Paragraph 1 shall apply for two years from the date on which the decision is final.

Paragraph 3. ' trading conditions ` shall mean any period of time in force where a company generally determines its prices, discounts, marketing grants and gratities, as well as the terms and conditions for which the undertaking will be able to provide these economic benefits ; to its trading partners.

Paragraph 4. Establishments which have submitted trade conditions in accordance with paragraph 1. 1, may request the Competicerate to get these assessed. Competition shall take a decision within six months. The period shall run from the date on which the Competition and Consumer Management Board has received the information from the undertaking necessary to assess the trade conditions. If the Competition Council has not taken a decision within that time limit, the consent of the trade shall be deemed to be approved.

Paragraph 5. Competition may not decide if the decision may have an impact on whether or not one or more undertakings abuse a dominant position on the common market or a substantial part of it, and trade between Member States within it ; The European Union can be significantly affected by this.

Paragraph 6. If the trading conditions are in breach of section 11 (1), 1, or shall be administered in breach of section 11 (1). 1, the Competitor may issue an injunction that one or more of the provisions of the trade conditions must be repealed or amended. If the conditions of trade are in such a way that the Competition Council does not have a sufficient decision-making basis to be able to assess whether the trade conditions are in breach of section 11 (1). 1, the Competitor may issue an injunction that one or more of the provisions must be specified.

Paragraph 7. Applies a dominant company which has received an injunction in accordance with paragraph 1. 1, in the case of trading partners at the Danish market prices, discounts, economic benefits or other terms which do not differ from or are not specified in the trade conditions submitted for Competition and Consumer Management, may : this is attached to the general evidence in a case after paragraph 11.

Paragraph 8. The provision in paragraph 1 shall be 7 shall also apply where a dominant undertaking acts in breach of an injunction in accordance with paragraph 1. However, this does not apply where a complaint against the tender has been added to the termination effect, cf. Section 19 (1). 4.

Chapter 3

-The abuse of dominant position.

§ 11. It is prohibited for one or more undertakings, and so on to abuse a dominant position.

Paragraph 2. After the request, the Competitive Council must declare whether one or more companies are taking a dominant position, cf. however, paragraph 1 7. The Competitor does not share a dominant position, the message is binding until the Competitor withdraws it.

Paragraph 3. Abuse in accordance with paragraph 1 1 can, for example, be available

1) directly or indirectly imposing unjustified purchase or selling prices or other unfair business conditions ;

2) the restriction of production, placing on the market or technical development to the detriment of consumers ;

3) use of unequal terms of equivalent value to trading partners, thereby placing at a disadvantage in competition ; or

4) that it shall be subject to the conclusion of an agreement that the co-contractor approves additional services which, by their nature or according to commercial practice, do not have a connection with the subject of the agreement.

Paragraph 4. For the purposes of bringing infringements of paragraph 1. 1 to Termination, the Competitor may issue an injunction, cf. § 16. In order to respond to the concerns expressed in relation to paragraph 1, the Competiteeer shall be concerned. 1, the Council may also make commitments made, binding, in accordance with the rules of the undertaking. § 16 a (3) (a) 1.

Paragraph 5. After notification by one or more undertakings, the Competition may declare that a given behaviour does not in accordance with paragraph 1 shall be subject to the conditions laid down by the Competitioneer. 1, and therefore no basis for issuing an injunction in accordance with paragraph 1. 4.

Paragraph 6. The competition may lay down detailed rules on the material to be required for a decision pursuant to paragraph 1. 2 or 5, including the submission of a non-confidential version of a query or notification.

Paragraph 7. The competition shall not be able to take a decision in accordance with paragraph 1. 2 or paragraph 1. 5 if the decision may have an impact on whether or not one or more undertakings abuse a dominant position on the common market or an essential part of this, and the trade between Member States within the European Union can be significantly influenced by it.

Chapter 3 a

Competitive aid

§ 11 a. The competitor may issue an opening of the aid granted by means of public funds in favour of specific business operations, must be put to an end or must be repaid.

Paragraph 2. Opens in accordance with paragraph 1. 1 may be issued when the aid

1) directly or indirectly has the purpose or cause to distort competition ; and

2) is not legal in accordance with public regulation.

Paragraph 3. Decision of whether aid is legally legal pursuant to public regulation shall be made by the minister, respectively, by the relevant local authority regulator, unless otherwise otherwise provided by other legislation. The assessment of the legal aid granted under public regulation shall be taken no later than four weeks from receipt of the Council ' s request. The competition may extend the time limit.

Paragraph 4. Opens in accordance with paragraph 1. 1 on the refund of aid may be directed to private business operators, self-employed institutions, as well as in whole or in part, publicly owned companies operating in company form. The Minister for the Industry and Growth Pact may lay down detailed rules for the opening of the provisions of paragraph 1. 1 on the repayment of aid may also be directed at specific or in part of the public owned undertakings operating in company-like form.

Paragraph 5. The powers of the competition shall be granted under paragraph 1. 1 to provide public aid shall be repaid for the period of five years after the payment has been paid. The interest rate shall be interest in respect of the payment in respect of the repayment in accordance with paragraph 1. 1 of unlawful aid. The interest rate shall be carried out in accordance with the EU ' s State aid rules at all times, which shall be the rate of interest used when the repayment of State aid is payable. The competitor may provide that interest is attributed to interest rates from the date on which the illegal aid was first made available to the recipient and until the date of reimbursement of the aid. Interest rates for the previous year shall be charged to interest each subsequent year.

Paragraph 6. Competition may, after notification, state that public aid in accordance with the conditions of the Competition Council is not subject to paragraph 1. 2, no. 1, and therefore no basis for issuing an injunction in accordance with paragraph 1. 1. The Council may lay down detailed rules on notification, including the use of special notification schemes.

Paragraph 7. The competition can not treat a case in accordance with paragraph 1. 1 to 6, if the aid scheme in question may affect trade between Member States within the European Union.

Paragraph 8. The hope that aid must be ended, cf. paragraph 1 may be issued, regardless of when the decision to grant the aid in question has been taken.

Niner. 9. Support as provided for in paragraph 1. 1 is required to be repaid into the treasury.

Section 11 b. Competition may examine whether or not a public authority offers private suppliers of services which are free to choose a billing price fixed in accordance with rules laid down in other legislation on free choice, cf. paragraph 5.

Paragraph 2. If the one in paragraph 1 1 the charge price is lower or estimated lower than the price for free elections by the public authority in accordance with the rules for free elections, the issue of the Competitor may be issued to the public authority that the public authorities are responsible ; the authority must

1) to stop calculating and fixing any settlement prices that are contrary to the rules of free choice,

2) apply certain calculation bases, calculation methods or market conversion prices for private suppliers of services covered by free choice and

3) pay a financial contribution to private suppliers of services covered by free choice, corresponding to the difference between the billing price applied by the authority and the billing price which the authority should have used, cf. no. 1.

Paragraph 3. Unless otherwise provided for in the rules applicable to the free electoral system, the payment may not be deposits more than 1 years preceding the day on which the Competition and Consumer Management Board began an investigation on it ; the public authority concerned.

Paragraph 4. The competition can not treat a case in accordance with paragraph 1. 1 3 if the scheme in question may affect trade between Member States within the European Union.

Paragraph 5. In the course of negotiations with the person concerned, the business and growth Minister shall lay down rules on the freedom of choice which are subject to the competence of the Competitions Council.

§ 11 c. Whereas the Minister for the Industry and Growth Pact may lay down rules for the implementation of the Commission Directive on the transparency of economic relations between Member States and public undertakings and the financial transparency of certain rules ; Companies.

Chapter 4

Fusion check

§ 12. The provisions of this chapter shall apply to mergers, where :

1) the combined annual turnover of the undertakings concerned has a total annual turnover in Denmark, of at least 900 million. DKK and at least two of the undertakings concerned shall each have an annual turnover in Denmark at least 100 million. DKK or

2) at least one of the undertakings concerned has a total annual turnover in Denmark at a minimum of 3.8 billion. DKK and at least one of the other participating undertakings shall have a total annual turnover of at least 3.8 billion worldwide turnover. DKK

Paragraph 2. Where a concentration is obtained through the acquisition of parts of one or more undertakings, the calculation of the turnover in paragraph 1 shall be taken into account. 1 in respect of the part of the turnover relating to the assets transferred to the seller or seller concerned only the part of the conversion of the sales.

Paragraph 3. However, two or more acquisitions referred to in paragraph 1 shall be considered. 2 that takes place within two years between the same persons or undertakings as a single fusion taking place at the time of the last transaction.

Paragraph 4. The Minister for the Industry and Growth Pact shall be determined after having obtained the opinion of the Competition Council on the calculation of the turnover of the turnover in accordance with paragraph 1. 1, including rules on financial undertakings, the said turnover limits shall be calculated on the basis of other values.

Paragraph 5. Although the aggregate turnover of the undertakings concerned is less than the limit values referred to in paragraph 1. The provisions of this Chapter shall apply to a merger referred to in Denmark by the European Commission following the merger control regulation.

§ 12 a. A merger is understood in this Act ;

1) when two or more hitherto independent undertakings are merged into one establishment, or

2) when one or more persons who already control at least one company or one or more undertakings in the purchase of units or assets by contract or otherwise acquired directly or indirectly control over all or part of any one ; or more companies.

Paragraph 2. The establishment of a joint venture, which shall be a permanent basis for all functions of an independent business operator, shall be a merger in accordance with paragraph 1. 1, no. 2.

Paragraph 3. Under this law, control over a company is gained through rights, agreements or in other ways, as a single or combined, an opportunity to have a decisive influence on the operation of the establishment.

Paragraph 4. No merger is available in accordance with paragraph 1. 1,

1) where credit institutions, other financial undertakings or insurance undertakings, the usual business includes transactions and securities trading in their own or foreign expense, are temporarily in possession of shares which they have acquired ; in a company for resale, insofar as they do not exercise it to those shares, with a view to defining the competitive behaviour of the establishment or exercising this right to exercise the right to prepare the whole or partial alienable of such activity or of its assets or disposable of these ; shares and dispositions shall be made no later than one year after the acquisition,

2) when the control is acquired by a person who, after the legislation on bankruptcy, etc. may have the establishment, or

3) where they are in the first paragraph 1, no. 2, the operations referred to above are carried out by holding companies as defined in the annual accounting directive, but with the limitation that the voting rights associated with the shares they are in possession of, in particular in relation to the appointment of members of the members of the Member States, the management bodies and the supervisory bodies of the establishments in which they have shares are used only to maintain the full value of these investments and not to directly or indirectly determine the competitive behaviour of those undertakings.

Paragraph 5. The competition may, upon request, extend the time limit laid down in paragraph 1. 4, no. 1, where the credit institution, the financial undertaking or the insurance undertaking are satisfied, that there has been no reasonable opportunity to make the transfer within the time limit set.

§ 12 b. A concentration covered by this law shall be notified to the Competition and Consumer Management Board, after a merger agreement has been concluded, a takeover bids published or a controlling interest in the sector and before it is implemented.

Paragraph 2. Competition and Consumer Protection Board may publish the notification of a merger. The publication shall include the names of the parties to the concentration, the nature of the concentration and the economic sectors concerned.

Paragraph 3. The Minister for the Industry and Growth Minister shall, after having obtained the opinion of the Competition Council, detailed rules on the notification of concentrations, including rules on the use of special notification schemes, and on the submission of a non-confidential version of a Fusion notification.

§ 12 c. The competition-shall decide whether a concentration can be approved or banned, cf. however, paragraph 1 7.

Paragraph 2. A concentration which does not impede the effective competition significantly, particularly as a result of the creation or the strengthening of a dominant position, must be approved. A concentration that impedes effective competition considerably, particularly as a result of the creation or the strengthening of a dominant position, must be banned.

Paragraph 3. To the extent that the establishment of a joint venture, which is a concentration after paragraph 12 (a), The coordination of the criteria referred to in section 6 (2) shall be assessed in accordance with the criteria referred to in Section 6 (2). Paragraph 1 and Article 8 (1). The first subparagraph of Article 101 (1) of the Treaty of the European Union 1 and 3, to determine whether the transaction can be approved.

Paragraph 4. In the assessment of paragraph 1, 3 shall take account, in particular, of the Competicera;

1) if at the same time two or more founding organizations are simultaneously in force on the same market as the joint venture or in a market in a previous or subsequent part of this market or on a related matter market, which is closely connected to this market, and

2) where the undertakings concerned by their co-ordination directly related to the establishment of the joint venture concerned have the possibility of preventing competition in an essential part of the goods or services concerned.

Paragraph 5. A concentration covered by this law shall not be carried out either before it has been notified or before the Competitioned Council approved it in accordance with paragraph 1. 1. This shall not prevent the implementation of a public takeover bids or a series of transactions in transferable securities, including those which may be converted to other transferable securities, which may be converted in a market such as a stock exchange, thereby giving the the control of different sellers, cf. section 12 a, when the concentration is immediately notified to Competition and Consumer Management and the transferee does not exercise the voting rights attaching to the relevant securities or only to maintain the full value of its investment and the following : a derogation from the Competitions Council, cf. paragraph 6.

Paragraph 6. Competitors may dispense with the provision in paragraph 1. 5 and may, in this connection, establish conditions or issue injuns in order to ensure effective competition.

Paragraph 7. The Competition and Consumer Protection Agency can, whatever they may, no. 1 in accordance with a simplified procedure, a merger shall be approved if the Management Board considers that the merger on the basis of the information available does not give rise to objections on the part of the steering system.

§ 12 d. No later than 25 working days after receipt of a full notification, cf. however, section 12 h, paragraph, FIVE, THREE. .. Decisions are taken as to whether the merger can be approved, including whether the merger can be approved after a simplified procedure. Within the same period, a decision may be taken on a separate examination of the merger.

Paragraph 2. Inserted a separate examination of a concentration, cf. paragraph ONE, TWO. pkt., a decision to approve or ban the merger no later than 90 working days after the expiry of the period referred to in paragraph 1. 1 that date.

Paragraph 3. The period laid down in paragraph 1 2 is extended by up to 20 working days if one or more undertakings are proposing new or revised undertakings. The period shall be extended only when the affixed of the accounts is less than 20 working days left to the end of paragraph 1. 2 should have taken a decision and in such a way that there are 20 working days in the assessment of the merger in the light of the new or revised undertakings.

Paragraph 4. The period laid down in paragraph 1 2 may also be extended by decision of the Competition Council, provided that the undertaking or undertakings which have made the notification request it or consent to it. Extend cannot exceed 20 weekdays.

Paragraph 5. Where a decision has not been taken within the time limits set out in paragraph 1, One-four, this is considered a decision to approve the merger, cf. however, paragraph 1 6.

Paragraph 6. Complaints of a participating undertaking to the Competition Board of the Competition in a fusion case in which no decision has yet been taken after paragraph 12 c (3). Paragraph 1 or 3 shall terminate the deadlines set out in paragraph 1. One-four, until the Board of Ass has taken a ruling in the appeal proceedings.

Paragraph 7. Complaints a participating undertaking to the Competition Board that a general notification is to be submitted, cf. § 12 h, paragraph 4, aborted the deadlines set out in paragraph 1. One-four, until the Board of Ass has taken a ruling in the appeal proceedings.

§ 12 e. The competish may for the approval of a concentration, cf. § 12 c (3) 2, establish terms or issue conditions, including to ensure that the undertakings concerned comply with the undertakings given to the Competition Council in order to eliminate the harmful effects of the merger.

Paragraph 2. Among other things, the conditions or conditions of use may be that the participating undertakings must :

1) Disposal a business, parts of a company, assets or other vested interests,

2) admitting third party access ; or

3) carry out other measures which can promote effective competition.

Paragraph 3. After the approval of a concentration, the Competitor may issue an injunction necessary to ensure timely and proper fulfillment of the undertakings given by the undertakings concerned by the Council, cf. paragraph 1.

§ 12. Competition may revoke the approval of a merger,

1) where the decision of the Competition Council is essentially based on false or misleading information which can be attributable to one or more of the undertakings concerned ; or

2) the undertakings concerned omit to comply with conditions or injuns in accordance with. § 12 e, paragraph 1. 1.

Paragraph 2. If the Competition Council becomes aware that a participating undertaking as part of the treatment of a concentration notified in the first place has been inaccurate or misleading, the Council may withdraw approval after paragraph 12 c (1) (c), 7, and require that the participating undertakings within 2 weeks submit a general notification, cf. however, paragraph 1 3. The review of the concentration shall be carried out after the deadlines in section 12 d.

Paragraph 3. However, a general notification shall not be filed if the undertakings concerned at the time of the Competition Council withdrawal of the approval have not taken the initiative to complete the merger or if the undertakings concerned have taken the initiative ; the initiative to implement the merger, but within 2 weeks, the Competition Council shall inform the Commission that the merger will not be implemented.

§ 12 g. The competition can in the decision to prohibit a merger after paragraph 12 c (1). 1, which has already been carried out, shall make an opening of a share of the inherited or merged undertakings or assets or cessation of the common control or any other proportional rule, which will be able to restore effective competition.

§ 12 h. A concentration may be notified either by a simplified or ordinary one.

Paragraph 2. For a simplified notification of a concentration, a fee of 50 000 DKK is paid.

Paragraph 3. For a general notification of a concentration, a fee of 0,015 pct shall be paid. the total annual turnover of the undertakings concerned in Denmark, but a maximum of 1.5 million. DKK

Paragraph 4. If, during the processing of a simplified notification, it appears that the examination of the concentration requires a general notification, a general notification shall be submitted to the Competition and Consumer Management Board, together with the documentation for payment of one, fee calculated in accordance with paragraph 1 3 with deduction of an already paid fee pursuant to paragraph 1. 2.

Paragraph 5. The fees referred to in paragraph 1. 2-4 shall be paid to the Competition and Consumer Management Board at the same time as the notification. The documentation for payment shall be attached to the notification. The period in section 12 d (1), 1, runs from the day on which the board has received a complete notification of the payment of the fee.

Paragraph 6. A concentration shall not be deemed to be notified if a fee pursuant to paragraph 1. 2 or 3 notwithstanding claims are not paid. The notification of a concentration shall be deemed to have been lost if, cf. paragraph 4, the charge of the fee or no regular notification shall not be submitted in spite of a notice of the claim.

Paragraph 7. A paid fee pursuant to paragraph 1. 2-4 is not recovered, unless

1) a notified transaction shall not be subject to notification ;

2) a notification shall be withdrawn before the notification is complete, or

3) a notification shall be withdrawn before a decision has been reached after paragraph 12 c (1). 1 or 7, and revocation is due to the fact that another Danish authority has been refused to allow the association of undertakings included in the notified concentration.

Chapter 5

Publicity

§ 13. The law on public access shall not apply to cases and examinations under this law, except for cases laying down provisions in accordance with section 5 (5). 2, section 7 (4). 4 and 7. FIVE, TWO. pkt., section 8 (4). TWO, THREE. pkt., section 9, paragraph. ONE, TWO. pkt., section 10, paragraph. Paragraph 1, section 11, paragraph 11. 6, section 11 (a) (1). FOUR, TWO. pkt., and paragraph. SIX, TWO. pkt., section 11 c, section 12, paragraph 12. 4, section 12 b, paragraph 1. 3, section 14 (4). Three, section 18, paragraph. 8, 2. pkt., section 18 (a), 3, and section 21 (1). However, sections 8 and 13 of the general public in the administration shall apply mutatis muth to proceedings in accordance with this Act. 1. and 2. Act. shall also apply where the information provided for by this law has been passed on to another administration authority.

Paragraph 2. The Competition and Consumer Management Board shall publish :

1) Decision of the Authority in accordance with section 2 (2). FOUR, ONE. pkt., and section 11 a, paragraph, THREE, ONE. pkt., as well as the reasoned opinion of the Competitor Council and the reaser Minister's response in accordance with section 2 (2). 5.

2) The decisions of the Competition Council in accordance with the law.

3) Competition and the decisions of the consumer on the Competition Council or a summary thereof, unless the decision is considered to be of no importance to the understanding of competition law or to be of interest to the public, by the way.

4) Sententions, fines or summary thereof, where the reference to section 23 is sentenced or adopted a fine.

5) The celeb of the contest.

6) The courts in litigation, where Competition and Consumer Management, Competitiveness or Competition Board of Competition are parties.

7) Domme, which the Management Board pursuant to section 20 (2), The Agency shall have copies of the provisions of Article 101 and 102 of the provisions of Articles 101 and 102 of the Treaty of the European Union which concern the application of the law or the EDF.

Paragraph 3. The Competition and Consumer Protection Agency can also make public statements and information on competition for competition in the field of competition.

Paragraph 4. In the publication of paragraph 1, 2 and 3 can provide information on technical matters, including research, production methods, products and operational and business secrets not to be published, provided that it is of significant economic importance to the person or the undertaking, the information ; As far as In addition, information about individual customer relations in companies that are under the supervision of the SEC may not be made public.

Paragraph 5. The person who is to provide information to the Competition Council may, in the face of the President of the Council, request that information which, pursuant to paragraph 1, may be made. 4 shall not be handed down or made publicly available, including shall not be handed over to the members of the Council. The President shall decide definitively to what extent and in what form the information should be given.

Chapter 6

The competition authority. Organization and powers

§ 14. Competition shall ensure compliance with this law and the rules which have been issued under the law, cf. however, section 2 (2). FOUR, ONE. Act. and section 11 (a) (a). THREE, ONE. Act. However, this does not apply to rules issued in accordance with section 11 c. Competition can treat a case of its own operation, following notification, on the basis of a complaint or following a referral by the European Commission or other competition authorities in the European Union. The competition shall determine whether there is sufficient reason to examine or decide on a case, including the temporary or final processing of the case. Likewise, the Competition Council can decide not to deal with a case in which companies in the past have pledged in accordance with section 16 (a) (a). 1.

Paragraph 2. Competition and Consumer Management is the secretariat of the Competitiveness Council, following this law and on behalf of the Board, on behalf of the Council, the day-to-day administration of the law.

Paragraph 3. The company and growth minister shall establish the rules of procedure of the Competition and the detailed rules governing the activities of the Council and of Competition in the field of competition, including the rules governing the dismissal of Council members or their alternates ; by cessation of the President of the Competite Council before the end of the term.

§ 15. The competition council consists of a chairman and 17 members. The chairman and the members shall be appointed by the professional and growth Minister for a period of up to four years. The Council must include a general knowledge of public and private business, including legal, economic, financial and consumer relations. The President and eight of the members of the Council shall be independent of the interests of the professional and consumer interests. One of these Members must be given special insight into government business. Member of the trade and growth minister shall appoint seven members from the recommendation of professional organisations, a member on the recommendation of consumer organisations and a member with special insight into public business activities, setting from the KL (Municipalities ' Association of the Municipal Council). The members of the Council are appointed on the basis of their personal and professional qualifications, and they must function independently in their activities.

Paragraph 2. The Minister for Industry and Growth will appoint permanent delegates to the members of the Competition Council.

Paragraph 3. The Minister for the Industry and Growth Minister may lay down detailed rules on setting and appointment of the members of the Competition Council and on setting and designation of permanent deputies for these.

§ 15 a. The right to a party office of the administrative act shall cover only the part of the correspondence and the exchange of documents between the Commission and the competition authorities of the Member States, or between the competition authorities of the Member States, which : provide information on the facts of the case, which are of major importance for the decision of the case.

Paragraph 2. In cases where a commitment is issued, or where commitment is made binding, the Competitor shall issue a communication on misgivings and an appeal point notification. The deadline for the submission of the opinion of the Parties to a communication on concerns is 2 weeks. They shall be made out in accordance with section 6 (2). 4, section 10 (a) (1). 1 and 6, section 11, paragraph 1. 4, section 11 (a) (1). Paragraph 1, or paragraph 11 (b), 2, the time limit for the submission of the opinion of the Parties to a Draft Scataptism shall be six weeks. In the three. Act. where additional part shear is to be carried out pursuant to the administrative act, the time limit for the submission of opinion is three weeks, unless the case has already been submitted to the Competite Council. Act. shall not apply in cases where a decision is taken following this Chapter 4 of this Chapter.

§ 15 b. The Minister for the Industry and Growth Minister may lay down rules on written communications to and from authorities relating to matters covered by this law or by rules issued under this law must take place digitally.

Paragraph 2. The Minister for the Industry and Growth Minister may lay down detailed rules on digital communications, including the use of specific IT systems, special digital formats and digital signature el.lign.

Paragraph 3. A digital message is considered to have arrived when it is available for the message address.

Paragraph 4. Whereas the Minister for the Industry and Growth Minister may lay down rules that authorities may issue decisions and other documents pursuant to this law or in accordance with the rules granted under this law without a signature, with a mechanical or equivalent manner, Signature or application of a technique that ensures uniquely identification of the person who issued the decision or document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

§ 15 c. The competition can and will be able to make decisions in English if the addressees of the decision so desire and the judgment of the parties do not, in a decisive manner, speak against using English. If the Competition Council has decided in English, a Danish summary shall be provided.

§ 15 d. Competition and Consumer Management can conduct investigations into a particular business sector or by certain types of agreements in various sectors (sector study) in order to gain insight into the competitive conditions of the sector or sectors concerned.

Paragraph 2. The provisions of sections 17 and 18 shall apply by analogy to the studies conducted by the Consumer Management Board pursuant to paragraph 1. 1.

Paragraph 3. The Consumers ' Competition and Consumer Protection can, with the limitations of paragraph 13, can be restricted. 4, publish the results of an examination after paragraph 1. 1.

§ 15 e. Competition and Consumer Protection can publish documents that form part of the proceedings and to which third parties are required to make a necessary statement. Section 13 (1). 4, shall apply mutatis mutis to the publication.

§ 16. The porifices of the Competition may issue in accordance with section 6 (2). FOUR, ONE. Act. or Article 11 (3). FOUR, ONE. pkt; or referring to Article 101 or 102 of the EDF Treaty, cf. section 24 (2). 1, with a view to putting an end to the harmful effects of competition restrictions, may include, inter alia :

1) The partial or partial lifting of agreements, decisions, business conditions, etc.

2) The specified price or advance shall not be exceeded or that certain call rules must be used in determining prices or in the profit margins.

3) Duty for one or more of the undertakings concerned to sell to specified buyers at the company ' s usual terms and conditions for equivalent sales. However, the company may always require cash or reassuring security.

4) To provide access to an infrastructure facility that is necessary in order to be able to provide a product or service.

Paragraph 2. Competition may issue an injunction necessary to ensure a timely and proper fulfillment of the porifices issued by the Council in accordance with paragraph 1. 1.

§ 16 a. Commitments made by undertakings and responds to the concerns that the Competition Council has in relation to section 6 (2). Paragraph 1, section 11, paragraph 11. 1, or the EDF Treaty, in accordance with Article 101 or 102 of the EDF. section 24 (2). 1, by the Council may be made binding on undertakings. A commitment may be time limited.

Paragraph 2. After commitments are made binding, cf. paragraph 1, the Competitor may issue an injunction necessary to ensure timely and correct fulfillment of the commitments that are made.

Paragraph 3. Competition may revoke a decision pursuant to paragraph 1. 1 if :

1) the facts have changed in respect of a significant decision,

2) the participants in the Agreement, etc., act in conflict with the commitments made, or

3) the decision has been taken on the basis of incorrect or misleading information from the participants in the Agreement, etc.

§ 17. Competition may require all information, including accounts, accounting documents, writing of books, other business documents and electronic stored data, which are deemed necessary for its activities or for determining whether or not a relationship is subject ; The law.

Paragraph 2. For the purposes of Articles 53 or 53 or 54 of the EEC Agreement, the provisions of Articles 53 to 54 of the Treaty or the EEA Agreement shall be subject to the provisions of The information referred to above shall also be required to assist the European Commission and other competition authorities in the European Union or in the EEA territory.

§ 18. Competition and Consumer Management may be used to conduct inspection tests which allow the Board to access the premises and means of transport of a company or means of transport in order to do so ; familiar with and make copies of any information, including accounts, accounting materials, books and other business documents, regardless of the information medium. In the context of an inspection, Competition and Consumer Management can demand an oral explanation and demand that persons subject to the inspection study show the contents of their pockets, bags and similar. , with a view to the knowledge that Competition and Consumer Management may make a copy of this.

Paragraph 2. Where an operator ' s or compact information is stored in or processed by an external data processor, Competition and Consumer Management may access the premises of the external data processor with a view to their acquaintance and to take ; a copy of the information, cf. paragraph 1. Adoption requires that it is not possible for Competition and Consumer Management to have access to the information in question directly from the company or association which is the subject of the inspection.

Paragraph 3. The inspection of competition and the control of the consumer control can only be carried out according to the court's court order and duly legitimized.

Paragraph 4. The Competition and Consumer Management Board may collect a copy of the data content of electronic media covered by the inspection, in order to subsequently review the copy. The collected data shall be sealed or otherwise secured against unloading before the inspection is completed. The person who is the subject of the inspection may require that this person, or one of this appointed representative, to ensure that the data collected is made available to read and that the management board examines the collected material. The Competition and Consumer Management Board shall have a duty not later than 40 working days after the completion of the inspection study, to provide a copy of the information which the Management Board may have taken from the collected data to the one subject to the inspection. When the examination of the collected data is complete, the data must be secured against reading. The collected data shall be deleted if the Board considers that the material does not contain any evidence of a breach of the competition rules. If Competition and Consumer Services decide to proceed with the case, the collected data must be deleted when the case is finally settled.

Paragraph 5. If the company ' s or the association's conditions make it impossible for Competition and Consumer Management on the same day as the inspection, it is made to have access to or take a copy of the information, cf. paragraph 1, 2 and 4, the Management Board may seal off the appropriate business premises and information for up to three (3) days thereafter.

Paragraph 6. Under the same conditions as in paragraph 1. 5 may include the information or medium on which the information is available for the purposes of copying. The material on which Competition and Consumer Management has been included must, together with a set of copies of the information required by the Management Board for a further examination, be returned to the establishment or the association no later than three working days ; after the inspection.

Paragraph 7. The deadlines set out in paragraph 1 In exceptional cases, 4, 5 and 6 may be extended.

Paragraph 8. The police shall provide assistance in the exercise of the powers under paragraph 1. One, two, and four-six. In agreement with the Minister for Justice, the Minister for the Industry and Growth can lay down detailed rules on this matter.

Niner. 9. The Competition and Consumer Management Board may carry out inspections to provide assistance to the European Commission and other competition authorities in the European Union in connection with the application of Articles 101 and 102 of the EDF Treaty by the European Union. The rules of paragraph 1. 1-8 shall apply mutatis muth.

§ 18 a. In the case of competition authorities of other countries, the competition authorities of other countries may disclose information which is subject to the confidentiality of Competition and Consumer Protection and which are necessary to promote the enforcement of : the competition law of these countries, including in order to comply with Denmark's bilateral or multilateral commitments.

Paragraph 2. For the disclosure of information to the authorities pursuant to paragraph 1. 1 shall make the disclosure of information by the Competition and Consumer Management Board,

1) shall be subject to the confidentiality of the consignee,

2) are used exclusively for the purpose set out in a bilateral or multilateral agreement, provided that such exchanges are carried out under it, and

3) may only be disclosed with the explicit consent of Competition and Consumer Protection and only for the purposes of which the consent is covered.

Paragraph 3. The Minister for the Industry and Growth Pact may lay down detailed rules on the disclosure of competition between the Competition and Consumer Management to the foreign authorities of information covered by the confidentiality of the Competition and the Confidentiality of Consumers.

Section 18 b. In cases where an agreement or behaviour after a preliminary assessment is estimated to be an infringement of section 6 (4). Paragraph 1, section 11, paragraph 11. The first subparagraph of Article 101 (1) of the Treaty of the European Union Article 102 (1) or Article 102 and where there is a risk of serious damage to competition if a rapid intervention is not undertaken, the Competitor may issue an injunction, cf. section 16, which is intended to discontinue the harmful effects of the Agreement or the behaviour of the behaviour.

Paragraph 2. No later than 10 working days after the Competitor has issued an injunction in accordance with paragraph 1. 1, the Council must submit the decision on the Competition Board for the submission of the claim, cf. however, paragraph 1 3. Finding no place before the deadline, the decision shall lapses.

Paragraph 3. An injunction in accordance with paragraph 1. 1 shall apply from the confirmation of the Competition of the Competition and until the Competition Council has decided whether there is a violation of the law or the Competition Council has made it compulsory for undertakings to be made binding, cf. § 16 a (3) (a) 1. a party before the time limit referred to in paragraph 1 shall be provided. 2 renouncing the decision of the Competition Council to the Competition Board of Competition shall be subject to the tender from the Council of the party's sacrifice.

Chapter 7

Anke

§ 19. Decisions taken in accordance with section 2 (2). 1, SECTION 3, 1. pkt., section 5, paragraph 1. Paragraph 1, section 6, paragraph 6. Paragraph 1 and paragraph. FOUR, ONE. pkt., section 7, paragraph. One-three, paragraph 8, paragraph 8. TWO, ONE. pkt., paragraph THREE, TWO. pkt., and paragraph. 4 and 6, section 9 (4). ONE, ONE. pkt., section 10, paragraph. 2, section 10 (a) (1). 1 and 6, section 11, paragraph 1. 1 and 2 (2). FOUR, ONE. pkt., and paragraph. 5, section 11 (a) (1). Paragraph 1 and paragraph. SIX, ONE. pkt., section 11 b, paragraph 1. 2, section 12 (a) (a), 5, section 12 b, paragraph 1. 1, Section 12 c (3) (c) 1-3, 6 and 7, section 12 d. 5, section 12 e, paragraph 1. 1 and 3, section 12 f, section 12 g, § 12 h, paragraph 12. 4, section 13 (3). 4, section 16, section 16 (a) (1). 2 and 3, and section 24 (4). 2, cf. paragraph 1 may be clapped for the Competitor Board.

Paragraph 2. Clause in accordance with paragraph 1 1 may be submitted by :

1) The decision is made.

2) The one which, incidentally, has an individual interest in this matter. However, this does not apply to the decisions of the Competition Council in accordance with section 12 (a) (a). 5, section 12 b, paragraph 1. 1, Section 12 c (3) (c) 1-3, 6 and 7, section 12 d. 5, section 12 e, paragraph 1. 1 and 3, section 12 f, section 12 g, § 12 h, paragraph 12. 4, and section 16 (a) (a), Two and three.

Paragraph 3. Decisions in section 14 (4). One cannot be complained to the CompetitionBoard Board.

Paragraph 4. Complaguing the decisions taken in accordance with paragraph 13 (1). 4, having a recrime effect. Complaints other decisions may be attributed to the Competitive Board or the Competition Board.

Paragraph 5. The Competition Board may decide and take a decision in English if the addressees of the decision so desire and the judgment of the parties do not, in a decisive manner, speak against using English. If the Competition Board has taken a decision in the English language, a Danish summary shall be provided. Has the Competiteer, cf. section 15 c, processed a case in English or taken in English, these documents shall be subject to the processing of the proceedings in question, regardless of whether the case or judgment is carried out or taken in the English language.

Paragraph 6. The Competition Board may examine decisions which the Competition Council is taking pursuant to section 18 b (s). 1.

20. The decision of the Competition Council under this law may not be brought to the court of the second administrative authority other than the Competition Board and cannot be brought before the courts before the judgment of the Board of Inquiry is available.

Paragraph 2. Complaints of the Competition Board may be submitted within four weeks of the date of notification of the decision. Therefore, when special reasons speak, the Board of Indication may disregard the overrunning of the draft deadline.

Paragraph 3. The decision of the Competition shall be subject to the courts no later than eight weeks after the decision has been notified to the person concerned. If the entry does not take place within the time limit, the decision of the anchaeer shall be final.

Paragraph 4. The transcript of judgments issued by a court on the application of this law or of the provisions of Articles 101 and 102 of the EDF Treaty shall be sent to the courts, however, in criminal proceedings for the purposes of the Prosecutor ' s Office, to Competition and The Consumer Management Board, which shall inform the European Commission of the judgments relating to the provisions of Articles 101 and 102 of the EDF Treaty.

§ 21. The Competition Board shall consist of a President who shall be the Supreme Court judge and four other members, two of whom shall have legal expertise and two members shall have economic expertise. The President may, in the event of a reduction, possess one of the members with legal expertise to step in his place.

Paragraph 2. The President and the Members are appointed by the Minister for Acquiec and Growth. They must be independent of business interests. The life of the individual shall be terminated by the end of the month in which they are 70 years old. The President or a member may, however, finalised cases which, in the case of the termination of the duties of the person concerned, are under consideration in the Board of Insities.

Paragraph 3. The Minister for the Acting and Growth Minister shall lay down detailed rules for the establishment of the ankeneus, including rules for payment for the submission of decisions for the Board of Indicreeers.

Chapter 8

Provisions on penalties and rigging

§ 22. The Minister for the Industry and Growth or the Minister authorists this may impose a daily or weekly periodic penalty payment to the non-payment of the

1) provide the information required by the Competitiveness Council or Consumer Management Board after this Act,

2) comply with a term or an opening notice of this law ; or

3) comply with a commitment made binding, cf. § 16 a (3) (a) 1.

-23. Unless higher penalties are due in accordance with paragraph 1. 3 or after other legislation shall be punished by fine, which is inadvertently or severely negligent ;

1) is breaching section 6 (1). 1,

2) omits to comply with a terms and conditions announced in accordance with Article 8 (3). THREE, TWO. pktor, or paragraph, FOUR, TWO. pkt.,

3) omits to comply with an injunction in accordance with section 10 (a) (1). 1 or 6,

4) in violation of section 11 (1). 1,

5) not comply with an injunction after Article 11 (a) (1) (a), Paragraph 1, or paragraph 11 (b), 2,

6) not to report a concentration pursuant to section 12 b (s). 1 or fail to submit a general notification before the expiry of the time limit referred to in section 12 f (1). 2,

7) carry out a concentration, in spite of a ban on the basis of section 12 c (s). 2, violates the ban on the execution of a concentration prior to approval pursuant to section 12 c (1). FIVE, ONE. a pkton, failing to comply with a condition or an injunction in accordance with section 12 c (1). 6, or § 12 e (3). 1 or 3, or fails to comply with an injunction granted pursuant to section 12 g,

8) omits to comply with an injunction in accordance with section 6 (2). FOUR, ONE. pkt., or paragraph 11, paragraph 1. FOUR, ONE. pkt., cf. § 16,

9) fails to comply with a commitment made in accordance with Article 16 (a) (a). 1,

10) omits to comply with an injunction in accordance with section 16 (a), 2,

11) fail to comply with the requirements of section 17 ;

12) provide false or misleading information to the Competition and Consumer Management Board, Competitiveness or Competition Board, or to prejudice matters of interest in the case or sector investigation, cf. section 15 d to which the information is obtained,

13) omits to comply with an injunction after paragraph 18 (b) (b) ; 1, or

14) is in breach of Article 101 (1) of the EDF Treaty 1, or Article 102, cf. section 24 (2). 1.

Paragraph 2. Paragraph 1, no. Paragraph 1 shall not apply from the date on which an agreement and so on is notified to the Competition Council in accordance with Article 8 (3). 2 or paragraph 1. 4, and until the Council has notified its decision in accordance with Article 8 (3). 2 (3). 4 or 4. 5.

Paragraph 3. The penalty for the one in breach of section 6 (2). The first subparagraph of Article 101 (1) of the Treaty of the European Union 1, cf. section 24 (2). 1, a cartelan agreement, cf. 2. cogent, may go to prison for a period of one year and six months if the infringement is intentional and by gross nature due to the scale of the infringement or the harmful effects it is suitable for. Cartel agreement after 1. Act. an agreement, concerted practice or adoption of establishments at the same level of marketing,

1) prices, avancer el.lign. in the sale or resale of goods or services,

2) the restriction of production or sale ;

3) splitting up markets or customers ; or

4) the coordination of tenders.

Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 5. In the case of the measurement of fines for this law, account shall be taken of the gravity and duration of the infringement. In addition, the turnover of legal persons shall be taken into account in the measurement of fines in relation to legal persons.

Paragraph 6. The time limit for the penalty period is five years.

§ 23 a. The one acting in breach of Article 101 (6) of the EDF Treaty or Article 101 of the Treaty. 1, by entering a cartelan agreement, after application of the contract for the fine or the prison sentence, they would otherwise have been charged for its participation in the cartel if the applicant is first addressed to the competent authorities and, provide information on a cartel that the competent authority did not possess at the time of the application and which,

1) before the competent authority has carried out an inspection or search for the relevant situation, the competent authorities shall give the competent authorities a specific reason to carry out a inspection or a search or file notification relating to it ; the circumstances or,

2) after the competent authority has carried out an inspection or search for the relevant situation, the competent authority shall state an infringement in the form of a cartel.

Paragraph 2. Agreement results may only be achieved if the applicant

1) cooperate with the competent authority during the whole processing of the case,

2) at the latest by submitting the application, its participation in the Cartel shall end and

3) have not forced others to take part in the cartel.

Paragraph 3. Fills an application for the waistfall, not the cases referred to in paragraph 1. 1, no. Number one or number In accordance with the conditions laid down, the application shall be regarded as an application for a reduction, cf. paragraph 4.

Paragraph 4. The one acting in breach of Article 101 (6) of the EDF Treaty or Article 101 of the Treaty. 1, by entering into a cartel agreement, a reduction in the fine, otherwise it would have been required for its participation in the cartel, if the applicant

1) supply information relating to the cartel, which represents significant added value in relation to the information in possession of the information authorities ;

2) comply with the provisions of paragraph 1 2 specified conditions.

Paragraph 5. The sentence of the first applicant to meet the conditions laid down in paragraph 1 shall be applied. The fourth is 50%. the fine, otherwise they would have been charged with his participation in the cartel. For the other applicant who satisfies the conditions laid down in paragraph 1. 4, constitute a penalty 30%. For subsequent applicants who satisfy the conditions laid down in paragraph 1. The fourth is the postponement of the sentence of 20%.

Paragraph 6. Applications for cases of adortal or penalty reduction shall be submitted to the Competition and Consumer Protection Agency. In cases where persons or undertakings are charged or where the District Attorney for Special Economic Crime has started a criminal investigation of a suspected infringement in the form of a cartel, the application for a tightening-reduction may also be lodged, To the District Attorney for the Honest Economic Crime.

Paragraph 7. An application for paragraph 1. 6 is treated as follows :

1) The authority receiving the application, cf. paragraph 6, acknowledge receipt of this.

2) The competent authority, cf. paragraph 8, provide a preliminary undertaking containing information on the conditions laid down in paragraph 1. Paragraph 1 or paragraph 1. 4 has been met and whether or not there is a basis at this stage for the submission of the application, because the conditions laid down in paragraph 1 shall be rejected. Two are not deemed to be fulfilled.

3) Upon completion of the information and evaluation of the case, the competent authority shall notify the competent authority in accordance with : paragraph 9 whether the applicant meets the conditions laid down in paragraph 1. 2, and in the case of an affirmative fall or a penalty in accordance with the provisional undertaking received by the applicant, the second subparagraph shall be communicated. 2.

Paragraph 8. A preliminary undertaking shall be issued by the authority which received the application in accordance with paragraph 1. 6, before the authority shall make a provisional undertaking pursuant to paragraph 1. 7, no. Two, the defendant must be discussed between Competition and Consumer Management and the State Prosecutor, to Special Economic Crime. A provisional commitment to the waistfall may be granted only if the competent authority is in agreement on this.

Niner. 9. Notification of the state of the state of indicts in accordance with paragraph 1 7, no. 3, given by the State Prosecutor of Special Economic Crime, after consulting Competition and Consumer Protection. Notification of penalty reduction in accordance with paragraph 1. 7, no. 3, given by the authority in the specific case, an administrative potent or deposits in the case of the courts. Before a notification of a criminal offence may be given, the second authority shall be consulted.

Paragraph 10. Various undertakings may not submit a common application for a tightening-up, unless the applicants are concuding and the application separately indicate which companies the application must include.

Paragraph 11. An application from a company or association includes automatically current and former members of the board, senior staff or other staff, provided that the persons individually meet the conditions laid down in paragraph 1. 2. Upon completion of the information and evaluation of the case, the competent authority shall notify the competent authority in accordance with the case. paragraph 9 if the persons meet the conditions laid down in paragraph 1. 2, and in the case of an affirmative fall or an impunity in accordance with the provisional undertaking received by the establishment or the association of the association, the latter shall communicate to the establishment of the Agreement. 7, no. 2.

§ 23 b. Competition and Consumer Management may, by assent from the State Prosecutor, in the case of Special Economic Crime, in cases of infringement of this law, which is not considered to rise to higher penalty than fines in a fine-making case that the case can be settled without trial, if the offence committed by the offence and declares itself prepared to pay a fine as specified in the ticket of the penalty.

Paragraph 2. The rules on the Law of the Court of Justice shall apply to the contents of an indictment and that a charge is not required to express an opinion shall apply mutatis muchal to a fine.

Paragraph 3. If the ticket is adopted, further proceedings shall be suspended.

Chapter 9

EU competition rules

§ 24. Cases from Articles 101 and 102 of the EDF Treaty, including cases where the parallel application of this law's sections 6 and 11 may be considered, the national competition authorities may be treated by the national competition authorities when the case is linked to Denmark. Association to Denmark is available when agreements between undertakings, decisions within a grouping, concerted practices between undertakings or an undertaking ' s behaviour have harmful effects on competition in the Danish market or when it is established ; undertakings situated in Denmark are involved in an agreement, etc., which have harmful effects on competition within the European Union.

Paragraph 2. The provisions of Chapter 5 to 8 of this Regulation shall also apply to the exercise of the competence of the Competitor Council, cf. paragraph The provisions of Article 103 of the EDF Treaty shall not preclude to the extent of the Regulations and Directives issued pursuant to Article 103 of the EDF Treaty.

Paragraph 3. The aid granted to the European Commission and other Member States pursuant to the regulations and directives adopted pursuant to Article 103 of the Treaty shall be granted by the Danish Agency for Competition and Consumer Protection.

Chapter 9 a

Civil law obsolescence

§ 25. Clause of claims on compensation as a result of a breach of the provisions of the provisions of this Act or of the Treaty of EDF shall be subject to limitation of the provisions of the limitation of the statute.

Paragraph 2. The Statute of the Statute, section 21 (2). Paragraph 2 shall apply mutatis mutations to the claims referred to in paragraph 1. 1, where the creditor has lodged a complaint with the Competition Council, in a case of infringement of provisions as set out in paragraph 1. 1 and the appeal shall form part of the proceedings of the Council.

Paragraph 3. If the Competition Board is brought to the test, the statute of limitations of section 21 (2) shall apply. 2, similar application to claims referred to in paragraph 1. 1 if creditor

1) have brought the matter to the Competition Board, or

2) has entered a bi-intervention icon in the appeal process.

Chapter 9 b

Group Use

SECTION 26. In addition, several persons have claims for damages arising from infringements of the provisions of Articles 101 and the EDF of the EDF Treaty and, in accordance with the provisions of Article 101 and 102 of the EDF, the Consumer Ombudsman shall be appointed to group representatives in a group action subject to this effect. Chapter 23 of the Court of Justice Chapter 11.

Chapter 10

Entry into force and transitional provisions, etc.

§ 27. The law shall enter into force on 1. January 1998. However, the provisions of section 14 (4). 3, and Section 15, enter into force on 1. July 1997.

Paragraph 2. In the event of the entry into force of the law, the competition law shall Law Order no. 114 of 10. In March 1993, as well as the control of compliance with the European Economic Community regulations on monopolies and competition restrictions, cf. Law Order no. 449 of 10. June 1991. Approval granted in accordance with paragraph 14 (4) of the competition. 1, cf. Law Order no. 114 of 10. In March 1993, retains its validity until the Competition Council decides to withdraw the approval, cf. however, paragraph 1 6. Decision shall be taken in accordance with the applicable rules.

Paragraph 3. Cases from competition law, cf. Law Order no. 114 of 10. In March 1993, which are not finalised by the entry into force of the law, it shall lapse. However, this does not apply to redress cases and cases pending at the Competition Board.

Paragraph 4. Competitive agreements, decisions and concerted practices, which consist at the time of entry into force of the law and which are prohibited under section 6 (2). 1 may be notified if they are notified before 1. In July 1998, with a view to exemption after Article 8, three months after the Competition Council has taken a decision, regardless of the fact that the Competicer is not taking the case, it shall be refused. The competition can extend the three-month period.

Paragraph 5. The administrative rules laid down in Article 7 (7). 2, in the competition law, cf. Law Order no. 114 of 10. March 1993 shall remain in force until such time as new rules may be established in accordance with section 4 (4). 3, on the marking and parting of prices, etc., as drawn up by the section 28 of this bill. 1. the administration of the current rules in force, as mentioned in 1. Act. transferred to the Consumer Management Board. Intentional or gross negligence violation of the current rules, as mentioned in 1. Act. is punished by fine. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 6. Notwithstanding paragraph 1 TWO, TWO. and 3. pkton, the Chapter 2 of the law shall apply to agreements and concerted practices between undertakings, as well as those relating to the association of establishments of fixed resale prices for the retail sale of books.

§ 28. (The case).

§ 29. The law does not apply to the Faroe Islands and Greenland.


Law No 620 of 12. June 2013 includes the following entry into force :

§ 2

The law shall enter into force on 1. August, 2013.


Law No 639 of 12. June 2013 includes the following entry into force :

§ 31

The law shall enter into force on 1. January 2014.

Erk's and the Ministry of Growth, the 18-18. June 2013

Annette Vilhelmsen

/ Kirsten Levinsen