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Ordinance On The Rules Of Procedure Of The Competition Council

Original Language Title: Bekendtgørelse om forretningsorden for Konkurrencerådet

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Table of Contents
Chapter 1 Competiteeable
Chapter 2 Competence
Chapter 3 Competitiveness and Consumer Management tasks
Chapter 4 Skirmanship
Chapter 5 Meetings
Chapter 6 Agenda
Chapter 7 Stemmeregler
Chapter 8 Protocol
Chapter 9 Inhability
Chapter 10 Confidentiality
Chapter 11 Entry into force

Publication of the Rules of Procedure of Competition Council

In accordance with section 14 (4), 3, and section 15 (3). 3, in the competition law, cf. Law Order no. 23 of 17. January 2013, as follows :

Chapter 1

Competiteeable

§ 1. Competition is responsible for the overall management of competition law and rules issued by virtue of this.

Paragraph 2. Competition is at the administration of the competition law, regardless of the business and growth minister.

§ 2. The competition council consists of a chairman and 17 members. The President and the Members are appointed by the business and growth Minister for a period of up to four years.

Paragraph 2. The President and eight of the members of the Competition shall be independent of the interests of the professional and consumer interests. One of these Members must be given special insight into government business.

Paragraph 3. The Minister for the Industry and Growth Pact shall be appointed by members of the House referred to in paragraph 1 2 a vice-chairman, deputy chairman. The other members shall also be appointed for the other members referred to in paragraph 1. 2.

Paragraph 4. The Minister for Industry and Growth is appointed to appoint seven members, according to the recommendation of professional organisations, cf. section 4, a member, after setting from the Consumer Council and a Member with special insight into public business, according to the recommendation of the Local Authorities ' Association of the Local Government.

Paragraph 5. The Minister for Industry and Growth shall appoint, by spirit of trade unions, the Consumer Protection Council and the local authorities, the Permanent Delegates for each of the members referred to in paragraph 1. 4.

Paragraph 6. The President may suspend the business and the Minister for Growth, that a Member who has been guilty of violating the confidentiality of the professional secrecy, cf. section 16 (4). Paragraph 1, or as a crude, has disregarded its duties following this notice, is being made redundant.

§ 3. The Council must include a general knowledge of public and private business, including legal, economic, financial and consumer relations.

Paragraph 2. The members of the competitor and their delegates shall be appointed on the basis of their personal and professional qualifications. Each member shall have a time equivalent knowledge of competition and market conditions and have extensive knowledge of one or more of the products referred to in paragraph 1. 1 mentioned circumstances.

Paragraph 3. The members of the competition council shall act independently in their activities in their activities and shall thus carry out the enacting with impartiality and care.

Paragraph 4. The eligible organizations, cf. Section 2 (2). 4, and section 4, by setting members and delegates to the Council, the setting of the option in relation to the fulfilment of the provisions referred to in paragraph 1 shall be that : 2 mentioned requirements.

§ 4. The following business organisations have the right to suspend a member of the Competitor Council, cf. Section 2 (2). FOUR :

1) The Vocational Council of Workers ' Movement.

2) Danish Industry.

3) Insurance & Pension, Finance Council, RealCredit, and RealCredit Society together.

4) Dansk Construction and Tekniq together.

5) The work council and the Group of the European Liberal, Democrat and Reform Party, together.

6) Danish Erstice.

7) The agricultural council.

Chapter 2

Competence

§ 5. Competiteestates shall lay down rules on :

1) Notification of agreements with a view to the exemption from the prohibition of anti-competitive agreements, including rules on the use of special notification schemes, cf. the section 8 (5) of the competition. TWO, THREE. Act.

2) Notification of agreements with a view to non-intervention, including rules on the use of special notification schemes, cf. the section 9 (5) of the competition. ONE, TWO. Act.

3) The material to be required for a decision pursuant to Article 11 (1) of the competition law. TWO, ONE. pktor, or paragraph, 5, cf. Act 11, paragraph 1. 6.

4) Notification of public aid for a declaration of non-intervention, cf. the section 11 (a) of competition above. SIX, TWO. Act.

§ 6. Competition shall deliver its opinion to the business and growth minister in the case of laying down detailed rules on :

1) The use of competition law in section 5 (5). 1, including rules concerning the meaning of agreements and so on within the same enterprise or group, cf. Section 5 (5) of the law. 2.

2) The calculation of the turnover of section 7 (7) of the competition law. 1, including rules concerning the said transfrontier boundaries, shall be calculated on the basis of other financial undertakings, cf. Section 7 (2) of the law. 4.

3) In two consecutive years, the Overcoming events of two consecutive years in the section 7 of competition shall be one of the following years. 1, including in the case of less than those limits referred to in the said limits, cf. Section 7 (2) of the law. FIVE, TWO. Act.

4) Exemption from the prohibition in the section 6 (6) of the competition. 1, in the case of groups of agreements, decisions and concerted practices which comply with the conditions laid down in Article 8 (8) of the Act of the Law. 1, cf. Article 10 (1) of the law. 1.

5) The calculation of the turnover of section 12 (2) of the competition law. 1, including rules concerning that for financial undertakings, the said turnover limits shall be calculated on the basis of other values, cf. Article 12 (2) of the law. 4.

6) The notification requirement for mergers, including rules on the use of special notification schemes, cf. the section 12 (b) of the competition law. 3.

§ 7. Competition can treat cases of its own operation, following notification, on the basis of a complaint or as a result of a reference made by the European Commission or other competition authorities in the European Union.

Paragraph 2. The Competition Council shall decide on the submission of a reasoned opinion to a public authority, stating the possible adverse effects on competition and on proposals to promote competition in the area concerned, cf. the section 2 (2) of the competition. FIVE, ONE. Act.

Paragraph 3. In any case, the Competition Council takes decisions on matters of principle or in particular to be of particular importance.

Paragraph 4. The decisions of the competition shall in accordance with the competition law contain information about which Members have participated in the proceedings.

Paragraph 5. In the case of competition law, the decision of competition law, the decision of the authority concerned shall be in accordance with Article 2 (2) of the law. FOUR, ONE. pkt., and section 11 a, paragraph, THREE, ONE. pkton, the Council's reasoned opinions and the responses of the authorities in accordance with the provisions of Article 2 of the law 5 shall be published, cf. Article 13 (1) of the law. 2.

Paragraph 6. The Competition and Consumer Management Board may publish statements and information on the activities of the Council, cf. the section 13 (3) of the competition. 3.

Chapter 3

Competitiveness and Consumer Management tasks

§ 8. The secretariat of competition shall be carried out by the Competitive and Consumer Protection Agency.

Paragraph 2. The Competition and Consumer Management Board shall submit to the Council the cases referred to in section 5 to 7 of the Competitiveness Council or on which the Administrative Board shall, incidentally, be referred to the Council.

Paragraph 3. The Competition and Consumer Protection Agency shall draw up the rules referred to in paragraph 1. 2 cases where the administrative act is to be made by the administrative act, a reasoned draft of the decision, which shall be submitted at the party hearing before the date of the submission of the Competite Council, cf. the section 15 (a) of competition.

Paragraph 4. Competition and Consumer Management Board shall perform the decisions of the Competition Council and carry out the day-to-day administration of the competition law. The Governing Board shall also determine, on behalf of the Council, cases not covered by Section 5 to 7, in accordance with the Council's practices and instructions.

Paragraph 5. The duties and powers of competition and the power of the consumer have been laid down in the announcement of the company of competition and consumer management.

Chapter 4

Skirmanship

§ 9. The chairman of the Competition Council and the meetings of the Council and, inter alia, shall be responsible for, inter alia, the competence of the Council ;

1) to decide which alternate is called when a Member who is independent of the interests of the professional and consumer interests is prevented from meeting,

2) the timing of and the duration of an oral intervention,

3) to take decisions, by the way, in relation to the preparation and submission of an oral intervention, including setting deadlines for the one in section 11 (1). FOUR, ONE. pkt., effect specified,

4) to cut an oral intervention when the entry relates to or refers to matters which are of no consequence to the decision of the case,

5) the conclusion of the Council's negotiations ;

6) to establish voting priorities ;

7) to decide the order of voting on amendments and

8) to make changes to the agenda of a meeting.

Paragraph 2. The President shall take the final decision in accordance with Article 16 (3). 2, on the protection of information.

Paragraph 3. The President may, in conjunction with the director of the Competition and Consumer Management Board, make a decision on matters covered by Article 8 (3). 2, and which cannot wait for a Council meeting. Calculation of such decisions shall be given at the next Council meeting.

Paragraph 4. The President may decide that written material first is redistributed at a Council meeting and returned at the end of the meeting.

Chapter 5

Meetings

§ 10. The Competition Council will meet at the meeting of the meeting of the Council, and, incidentally, the President-in-Office of the Council will be able to do so.

Paragraph 2. Meetings shall be convening at least seven days ' notice, unless the President decides otherwise, taking into account a matter of urgency.

Paragraph 3. The meeting notice shall follow an agenda which, as far as possible, shall specify the cases which are processed and shall be accompanied by the material necessary for the processing of the cases, cf. however, section 9 (4). 4.

Paragraph 4. Members and delegates who are prevented from giving a meeting shall notify the Secretariat of the matter as soon as possible.

Paragraph 5. Competition and the Director of the Consumer Management Board and, in accordance with the Director's rule, other members of the board shall participate without voting rights in the Council meetings.

Paragraph 6. Competition meetings are not public.

§ 11. The decision or the decision of the Competition Council shall be entitled to submit a short oral intervention to the Council before the Council takes a decision on this matter. The duration of the entry shall not exceed 15 minutes unless the chairman lays down otherwise, cf. Section 9 (1). 1, no. 2. The one who wishes to make an oral contribution may allow itself to be represented or assisted by others.

Paragraph 2. The written material in the case may, in the whole case, be known to be aware of the Competition Council, and an oral contribution must therefore be made only for further clarification or clarification of the facts and the legal circumstances of the case. Following the oral question, the President has been given permission to put questions of detail to the person who has given the post.

Paragraph 3. The Commission or those who wish to make an oral contribution shall be required before the meeting to submit a document to Competition and Consumer Management, where all the actual and legal circumstances which will be invoked during the meeting are declared in : face-shape. The President shall set a further time for this, cf. Section 9 (1). 1, no. 3.

Paragraph 4. If the decision of the Competition Council will comply with a time limit set by its chairman, see it in accordance with the rules laid down in the Committee on Competition. Section 9 (1). 1, no. 3, or, incidentally, Competition and Consumer Management Board that the person in question is prevented from attending the meeting on which the Council is expected to make a decision on the matter, the right to submit a short oral intervention to the Council during the sitting is to be present ; Lost. However, in such cases, the person concerned shall be offered a meeting with the Management Board prior to the meeting of the Council. The Board shall inform the Council accordingly.

Paragraph 5. If the decision of the Competition Council is to be rectifiable, from the meeting on which the Council is expected to take a decision on the matter, the Council shall be entitled to decide on the basis on the basis of the proceedings.

Paragraph 6. The person or the decision of the Competition Council shall have the exclusive right to be present during a meeting of the Council in connection with the submission of the oral and any questions that have been raised and any questions relating thereto, cf. paragraph One and two.

Chapter 6

Agenda

§ 12. As fixed items on the agenda for the Competition Council, the following shall be :

1) The statement by the President-in-Office of the Council as to whether the Council is legally called. ~ 10 (1)) 2, and decision-making, cf. Section 13 (1). 1, as well as if there are members that are inhabile, see § 15.

2) Calculation of the Director of Competition and Consumer Management on the day-to-day administration of the Council on behalf of the competition law, cf. § 8 (3) 4.

Paragraph 2. In addition, the Competitive Council may consecutive proceedings and other questions relating to the interpretation of competition law in a meeting.

Chapter 7

Stemmeregler

§ 13. The Competition Council shall be quorum when the President, or his absence, and at least nine of the other 17 members are present.

Paragraph 2. Competition must be decided by a general majority. In cases where the votes are equal, the President's, or in his absence, the Vice-President of the Vice-President, is crucial.

Chapter 8

Protocol

§ 14. For each meeting of the Competitiveness Council, the Competition and Consumer Management Board shall have a protocol stating :

1) Which Members have taken part in the treatment of the Sagons?

2) The decision of the Competition for individual cases. In the event of a vote, the stamp is indicated.

3) The motivation of the competition for the decision, provided that the motivation is derogated from the justified draft decision of the Competition and the Consumer Management Board, in accordance with the reasons for the decision. § 8 (3) 3.

4) In the case of a possible orally speaking, the facts of the case may be invoked if these are of significance for the decision of the case and may not be specified in the documents of the case, including the draft of the Competition and the Consumer Management Board ; Decision or paragraph 11 (1). 3, mentioned document.

5) Minimum perceptions and the motivation for this to be so as necessary.

6) Resolution of inhability, cf. Section 15 (3). The Member who has been regarded as inhabitable may require his objections to the decision of the Competite Council concerning the issue of the inhabilitation question.

Paragraph 2. The members of the competition council and their delegates must, within 14 days of a meeting, have submitted a transcript of the Protocol. The objections and the implementation of the Minutes of the Members who participated in the meeting shall be forwarded in writing to the Competition and Consumer Management Board no later than seven days from the date of receipt of the Protocol.

Paragraph 3. The protocol is not public. However, the holder of an oral intervention shall be entitled to an insight into any indications of the actual circumstances referred to in the case of the said Agreement. paragraph 1, no. 4.

Chapter 9

Inhability

§ 15. A member of the Competition Council must not take a decision, participate in the decision, or in any case, by the way in which the Member is inhasedan, according to the administrative act.

Paragraph 2. A Member who will be aware of the fact that there are circumstances that are appropriate to give rise to doubts about the urgency of their concerns must be notified to the Competitiveness and Consumer Protection Agency as soon as possible.

Paragraph 3. Competitees shall be determined without the participation of the member in question whether the person concerned is an inhavan.

Chapter 10

Confidentiality

§ 16. The members of the competition council and the delegates shall be subject to the obligation of professional secrecy according to the rules of administration. The confidentiality of information shall include all information available to the member or deputy in the context of its activities in relation to the Competitive Council, including information on the economic and commercial conditions of undertakings, such as the economic and commercial conditions of undertakings, such as : information that is relevant to the company concerned.

Paragraph 2. For information on technical matters, including research, production methods, products and operational and business secrets, it may provide information to the Competition Council pursuant to section 13 (3) of the competition law. 5, in the case of the President of the Council, desire that the information should not be handed down or made publicly available, not to the members of the Council. The President shall decide definitively to what extent and in what form the information should be given.

Chapter 11

Entry into force

§ 17. The announcement shall enter into force on 1. March, 2013.

Paragraph 2. Publication no. 672 of 19. June 2007 on the Rules of Procedure of the Competition Council is hereby repealed.

Erk and the Ministry of Acquist, the 22nd. February 2013

Annette Vilhelmsen

/ Kirsten Levinsen