Law On The Amendment Of The Competition Act (Fee For Notification Of Mergers)

Original Language Title: Lov om ændring af konkurrenceloven(Gebyr for anmeldelse af fusioner)

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Law on the amendment of the competition law

(Gees for notification of concentrations)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the competition law, cf. Law Order no. 23 of 17. January 2013, the following changes are made :

1. I § 12 d, paragraph 1 ONE, ONE. pkt., the following notification shall be inserted after ' notification ` : `, cf. however, section 12 h, paragraph, FIVE, THREE. Pkton, ".

2. I § 12 d pasted as paragraph 7 :

" Stop. 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. "

3. After section 12 g is inserted in Chapter 4 :

" § 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 merger. ` ;

4. I Section 19 (1). 1, inserted after "§ 12 g" : ", section 12 h, paragraph 4 ".

5. I Section 19 (1). 2, no. 2, inserted after "§ 12 g" : ", section 12 h, paragraph FOUR, "

§ 2

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

Givet at Christiansborg Castle, the 12th. June 2013

Under Our Royal Hand and Segl


/ Annette Vilhelmsen