Inatsisartutlov Nr. 1 Of 15. May 2014 On Competition (Competition Act)

Original Language Title: Inatsisartutlov nr. 1 af 15. maj 2014 om konkurrence (konkurrenceloven)

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Inatsisartutlov nr. 1 of 15. may 2014 on competition (Competition Act) Amended, repeals, primary laws, replacing information Repeals the Greenland Home Rule Government Decree No. 16 of 27. June 2008 on public authorities ' review of regulations or decisions after landstingslov on competition the Greenland Home Rule Government Decree No. 17 of 27. June 2008 on the communication from the Commission to the Competition supervision of mergers, takeovers and mergers of companies home rule Executive Order No. 19 of 27. June 2008 about the municipalities ' obligation to submit a commercial investment in accordance with landstingslov of the municipalities ' ability to contribute to economic development through investment in professional activities, etc. to competition supervision home rule Executive Order No. 3 of 1. February 2008 on Competition supervisory company Landstingslov nr. 16 of 19. November 2007 competition principal Act to self-government bekendtgørelse nr. 3 out of 10. March 2016 on notification of mergers under Inatsisartutlov on competition self-government bekendtgørelse nr. 4 out of 10. March 2016 on agreements, etc. within the same company or group self-government bekendtgørelse nr. 5 out of 10. March 2016 on consumer and competition protection agency's undertaking self-government bekendtgørelse nr. 13 of 23. July 2015 on calculation of turnover, etc. in Inatsisartutlov on competition self-government bekendtgørelse nr. 14 of 23. July 2015 for repayment of aid granted to the publicly owned enterprises defined self-government bekendtgørelse nr. 12 of 23. July 2015 on the Competition Committee's rules of procedure and its operation is the Greenland Home Rule Government Decree No. 22 of 1. July 2008 on the calculation of turnover with further landstingslov about competition in the Greenland Home Rule Government Decree No. 18 of 27. June 2008 for repayment of aid granted to certain publicly-owned enterprises home rule Executive Order No. 2 by 1. February 2008 on the Competition Committee's rules of procedure and its company Chapter 1 purpose and scope

§ 1.  Inatsisartutloven aims to promote effective social resource use through the company competition to the benefit of businesses and consumers.

§ 2.  Inatsisartutloven covers any form of economic activity, as well as support using public funds for business activities.
(2).  The rules set out in Chapter 2, 3 and 4 shall not apply, if a restriction of competition is a direct or inevitable consequence of a government regulation. A restriction of competition, which is provided by a Municipal Council, is only a direct or inevitable consequence of a government regulation, when the restriction of competition in question is necessary for the Municipal Council can fulfil the tasks assigned to it under the law.
(3).  Decisions taken by a municipal community, see. landstingslov about the municipalities ' ability to contribute to economic development through investment in professional activities, etc., be equated with decisions taken by the Municipal Council, see. (2).
(4).  If the Competition Committee considers that a government regulation or a title may have harmful effects on competition or otherwise may hinder an effective societal resource use, can Competition Tribunal to Naalakkersuisut issue a reasoned opinion, which points out the harmful effects on competition as well as make proposals for the promotion of competition in the area. The Minister must respond to the Competition Committee's opinion within four months from the receipt of the Competition Committee's opinion. The competition Board may extend the time limit.

§ 3.  Inatsisartutloven does not include wages and working conditions. The competition Board may, however, to use for his work require information of organizations and enterprises on wages and working conditions.

§ 4.  The provisions of Chapter 2 shall not apply to agreements, decisions and concerted practices within the same company or group of companies.
(2).  The Minister may, after obtaining the opinion of the Competition Board, lay down rules for the application of paragraph 1 of this article, including rules concerning what is meant by ' agreements, decisions and concerted practices within the same company or group of companies.

§ 5.  The definition of the relevant market after this inatsisartutlov is done on the basis of studies of demand-and supply-side substitutability and potential competition. Potential competition must be investigated when the involved companies ' position on the relevant market has been documented, and this position gives rise to doubts as to whether inatsisartutloven is violated.
(2).  The competition Board may involve external expertise to use for the assessment under paragraph 1.

Chapter 2 prohibition of anti-competitive agreements

§ 6.  It shall be forbidden for companies to conclude agreements which, directly or indirectly, has the purpose or effect of restricting competition.
(2).  Arrangements under paragraph 1 may, for example, consist in: 1) fix purchase or selling prices or any other trading conditions, limit or control 2) production, marketing, technical development or investment, 3) divide up markets or sources of supply, 4) apply dissimilar conditions to equivalent services of equal value with other trading parties, thereby placing at a competitive disadvantage, 5) quiet as conditions for the conclusion of an agreement, subject to acceptance by the other parties of supplementary services which, by their nature or according to commercial usage, have no connection with the subject, 6) 2 or more companies coordinate their competitive behaviour through the creation of a joint venture, or 7) fix resale prices or otherwise seek to gain one or more trading partners not to derogate from suggested retail prices.
(3).  Paragraph 1 shall also apply to decisions by an Association of undertakings and concerted practices between undertakings.
(4).  In order to bring violations of article 6, paragraph 1, to the termination of the Tribunal issue notices of competition, can see. section 28. In order to meet the Competition concerns which the Board has, in relation to paragraph 1, the Tribunal may also make commitments, as the company has made, binding, see. section 29.
(5).  Agreements and decisions, which are prohibited under paragraphs 1-3 are invalid, unless they are exempt under section 7, is exempt under section 8, the subject of a declaration under section 9 or by a block exemption under section 10.

§ 7.  The prohibition laid down in article 6, paragraph 1, shall not apply, if: 1) agreement the parties ' combined market share does not exceed 10 percent on any relevant market affected by the agreement, where the agreement is made between undertakings which are actual or potential competitors on the relevant market, see. However, paragraphs 2 and 3, 2) each of the contracting parties does not exceed 15 percent market share on any relevant market affected by the agreement, where the agreement is made between undertakings which are not actual or potential competitors on any of these markets, see. However, paragraphs 2 and 3, or 3) agreement the parties ' combined turnover does not exceed 5 million crowns, see. However, paragraphs 2 and 3.
(2).  The exceptions provided for in paragraph 1 shall not apply in cases where undertakings or Association of undertakings agreements, coordinates or adopt: 1) prices, profit margins, etc. for sale or resale of goods or services, 2) limits of production or sale, 3) sharing of markets or customers, or 4) ex ante regulation of bids, determination of the conditions for the opening of tenders, postponement of tenders, prior notification of bid or any other form of cooperation in the bidding.
(3).  The prohibition laid down in article 6, paragraph 1 shall apply notwithstanding the provisions of paragraph 1 in the case of an agreement between undertakings, a decision of an Association of undertakings and concerted practices between undertakings, if this along with similar agreements, decisions or concerted practices restrict competition.
(4).  In cases where it is difficult to classify the agreement as being either an agreement between competitors or an agreement between non-competitors, the threshold of 10 percent.
(5).  The exceptions provided for in paragraph 1 shall apply, if the market shares in nr. 1 and 2 does not exceed the thresholds of 10 percent-15 percent respectively in 2 consecutive calendar years by more than 2 percentage points.
(6).  The Minister may, after consulting the Competition Tribunal lay down rules on the calculation of turnover in accordance with paragraph 1, nr. 3, as well as rules on the exemption for minor exceedances of market shares referred to in paragraph 1, no. 1 and 2 of the basic regulation. (5).

§ 8.  Competition Tribunal exempts after review agreements between undertakings, decisions by an Association of undertakings or a concerted practice between companies from the prohibition provided for in section 6 (1), if the Board considers that the Competition: 1) helps to enhance efficiency in the production or distribution of goods or services or promotes technical or economic progress, 2) allows consumers a fair share of the benefits , 3) do not impose on undertakings restrictions which are unnecessary in order to achieve these objectives, and (4)) does not give businesses the opportunity to eliminate competition in respect of a substantial part of the goods or services in question.
(2).  Review of the relevant agreement, decision or concerted practice with request for exemption pursuant to paragraph 1 shall be submitted to the consumer and competition protection agency. Competition Committee establishes rules on notification, including the use of special notification forms.
(3).  Decisions in accordance with paragraph 1 must specify the period for which the exemption applies. Exemption may not take effect from the time of notification. Exemption may be granted on terms.

(4).  After the Competition Tribunal can extend an exemption from notification, if the Competition Committee considers that the conditions laid down in paragraph 1 are still present. Paragraph 3 shall apply mutatis mutandis.
(5).  The competition Board may amend or revoke a decision under paragraph 1 or paragraph 4 if: 1) the facts have changed on a fundamental point, decision 2) for members of the agreement, adoption or concerted practices do not comply with the conditions, or 3 asked) the decision has been taken on the basis of false or misleading information from members of the agreement, adoption or concerted practices.

§ 9.  The competition Board may upon notification from an undertaking or Association of undertakings to declare that an agreement, decision or concerted practice is not in accordance with the conditions which the Board has knowledge of the Competition, fall under the prohibition laid down in article 6, paragraph 1, and that, therefore, no basis to issue injunctions under section 6, paragraph 4. Competition Committee establishes rules on notification, including restrictions on the use of special notification forms.

§ 10.  The Minister may, after consulting the Competition Tribunal will lay down rules for exemption from the prohibition laid down in article 6, paragraph 1, for groups of agreements, decisions and concerted practices which fulfil the conditions laid down in section 8, paragraph 1.
(2).  Where agreements, decisions of an Association of undertakings or a concerted practice, covered by a group exemption issued in application of paragraph 1 in a particular case has effects which are incompatible with the conditions laid down in section 8, paragraph 1, the Competition Tribunal involving the block exemption for the companies involved in the agreement.

Chapter 3 Abuse of dominant position

§ 11.  It is forbidden for one or more companies from abusing a dominant position.
(2).  Abuse in accordance with paragraph 1 may, for example, be available at: 1) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions, 2) limitation of production, markets or technical development to the prejudice of consumers, 3) applying dissimilar conditions to equivalent of equal value with other trading parties, thereby placing at a competitive disadvantage, or 4) making the conclusion of an agreement subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject.
(3).  With a view to bringing to an end infringements of the provisions of paragraph 1, the Committee may issue injunctions, Competition can see. section 28. In order to meet the Competition concerns which the Board has, in relation to paragraph 1, the Tribunal may also make commitments, as the company has made, binding the meaning. section 29.
(4).  The competition Board may, after review by one or more firms declare that a given conduct is not after the fact, as the Committee is aware of the Competition, is covered by paragraph 1, and that therefore there is no basis for issuing injunctions pursuant to paragraph 3.
(5).  Competition Committee shall, upon request, declare the extent to which one or more undertakings occupy a dominant position. Shall notify the Competition Committee recommended that a company does not occupy a dominant position, the message is binding until the Competition Tribunal revokes it.
(6).  The competition Board may lay down rules about the material that must be available for use for a decision pursuant to paragraphs 4 or 5.

Chapter 4 competition-distorting support

§ 12.  The Competition Tribunal may issue injunctions, that aid granted through the use of public funds for the benefit of certain kinds of economic activities, must be brought to an end or to be reimbursed.
(2).  Injunctions can be issued when the aid: 1) directly or indirectly has the purpose or effect of distorting competition and 2) is not legitimate in accordance with government regulation.
(3).  Ordering the repayment of the aid can be directed to private businesses, independent institutions, and completely or partially publicly owned enterprises operated in the legal form. The Minister may lay down rules to the effect that the injunction in accordance with paragraph 1, for refund of support can also be directed to certain wholly or partly publicly owned enterprises operated in corporate-like shape.
(4).  The competition Board's powers to require public aid recovered shall become statute-barred after the common rules after the aid has been paid. The deadline may be suspended from the time of the Competition Tribunal on its own initiative or on the basis of a complaint initiating a case and up to the time of the Board's decision. Competition Committee showdown interest in connection with repayment in accordance with the law on interest for late payment, etc., including the rate of return can be made from the payment of the competition-distorting aid.
(5).  The competition Board may, in accordance with the notification, declare that public support after the fact, as the Committee is aware of the Competition, are not covered by paragraph 2, nr. 1 and 2, and that there is therefore no basis for issuing the injunction. The competition Board may lay down rules on notification, including the use of special notification forms.

§ 13.  The Competition Tribunal may issue injunctions, to self-directed, municipalities, etc. bring such business activities as mentioned in article 2, paragraph 1, to an end, if this company: 1) distorts or may distort, the conditions for effective competition on the market concerned, or 2) hinders, or may serve to inhibit, the occurrence or the development of conditions for effective competition.
(2).  Orders may not be issued, when economic activity is based in law.
(3).  An injunction is directly applicable, unless otherwise determined.

§ 14.  The rules in section 13 shall apply mutatis mutandis to undertakings, associations, foundations, etc. in which the public authorities directly or indirectly a dominant influence on the device, either through ownership, financial participation, existing rules or otherwise.

Chapter 5 merger control

§ 15.  The provisions of this chapter shall apply to mergers, where the participating undertakings together have a combined annual turnover of at least 100 million in Greenland. DKK, and at least two of the undertakings concerned each have a total annual turnover of at least EUR 50 million in Greenland. DKK (2).  In the event of a merger through acquisition of parts of one or more undertakings, shall be taken into account in the calculation of turnover in paragraph 1 in the case of the seller or sellers ', only the part of the turnover attributable to the acquired assets.
(3).  However, it is considered to be two or more acquisitions within the meaning of paragraph 2, which takes place within the two years between the same persons or undertakings, as a single fusion that takes place at the time of the last transaction.
(4).  Naalakkersuisut shall determine after obtaining the opinion of the Competition Board, detailed rules on the calculation of turnover for the purposes of paragraph 1, including rules to the effect that the financial companies, the said turnover limits shall be calculated on the basis of other values.

§ 16.  By a merger within the meaning of this inatsisartutlov: 1) when two or more previously independent undertakings merge into one company, or 2) when one or more persons already controlling at least one undertaking, or as one or more companies by buying of shares or assets, by contract or otherwise acquiring the direct or indirect control of the whole or parts of one or more other undertakings.
(2).  The creation of a joint venture, as on a lasting basis all the functions of an autonomous economic entity shall constitute a concentration, in accordance with paragraph 1, nr. 2. The provisions of paragraph 3.  After this law obtained control of a company through rights, contracts or any other means which, either separately or jointly provide the opportunity to have a decisive influence on the company's operation.
(4).  There is no concentration within the meaning of paragraph 1:1) where credit institutions, other financial institutions or insurance companies whose usual business includes transactions and securities trading for own account or for hire or reward, temporarily is in possession of shares, as they have acquired in a company for the purpose of resale, in so far as they do not exercise the voting rights attached to these shares with a view to defining the company's competitive behaviour or exercised this right to vote solely for the purpose of preparing whole or partial divestiture of this company or its assets or transfer of these shares, and transfer occurs within one year after the acquisition, 2) when control is acquired by a person who, in accordance with the law on bankruptcy etc. can dispose of the enterprise, or 3) when referred to in paragraph 1, no. 2, referred to transactions carried out by holding companies which own other businesses, without having to drive as self-employed persons, in addition to this, however, with the limitation that the voting rights attached to the shares they hold, in particular in connection with the appointment of members of the governing bodies and supervisory bodies of the undertakings in which they have shares, is used only to maintain the full value of those investments and not to determine directly or indirectly the competitive conduct of those undertakings.
(5).  The competition Board may, on request, extend the time limit referred to in paragraph 4, no. 1, if the credit institution, the financial company or insurance company proves that there has been no reasonable opportunity to carry out the divestment within the prescribed time limit.


§ 17.  The merger, which is subject to this inatsisartutlov, shall be notified to the consumer and competition authority, after a merger agreement is signed, a takeover bid published or of a controlling interest, and before it is implemented.
(2).  Consumer and competition authority can publish that declared a merger. The publication includes the names of the participants in the concentration, the nature of the concentration and the economic sectors involved.
(3).  Naalakkersuisut shall determine after consulting the Competition Tribunal rules on notification of mergers, including restrictions on the use of special notification forms, and on submission of a non-confidential version of a merger review.

§ 18.  The Minister may establish a fee for the review of a merger.
(2).  Fees must be paid to consumer and competition protection agency at the same time as the notification. Proof of payment must be attached to the notification. The period laid down in article 20, paragraph 1, runs from the day on which the Agency, in addition to a complete notification has received proof of payment of the fee.
(3).  A concentration shall not be deemed as notified, if a fee in accordance with paragraph 2, despite the order not paid.
(4).  The already paid fee will not be refunded under paragraph 2 unless: 1) a pending transaction is not notifiable, 2) a notification is withdrawn, before the notification is complete, or 3) a notification is withdrawn before a decision under section 19, paragraph 1 or 7, and the recall is due to the fact that another authority has given refusal of authorisation for the merger of undertakings which form part of the notified concentration.

§ 19.  The competition Board shall decide whether a merger can be approved or prohibited, see. However, paragraph 7.
(2).  A concentration that does not significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position, shall be approved. A concentration significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position, shall be prohibited.
(3).  To the extent that the creation of a joint venture constituting a concentration pursuant to section 16, paragraph 2, also has as its object or effect the coordination of the competitive behaviour of undertakings that remain independent, such coordination shall be appraised in accordance with the criteria set out in section 6, paragraph 1, and article 8, paragraph 1, to determine whether the transaction can be approved.
(4).  The assessment in accordance with paragraph 3, take the Competition Tribunal will in particular consider: 1) if there are two or more at the same time founding undertakings which at significantly view prevailing in the same market as the joint venture or in a market which is in question in a previous or subsequent part in relation to this market or in a related market, which is closely related to this market and 2) about the participating companies by virtue of their coordination, which directly stems from the creation of the joint venture, has the opportunity to prevent competition in respect of a substantial part of the goods or services in question.
(5).  The merger, which is subject to the provisions of this law, shall not be carried out, either before it has been notified, or before the Competition Tribunal has approved it in accordance with paragraph 1. This does not preclude the possibility for the implementation of a public bid or a series of transactions in securities including those convertible into other securities which are negotiable in a market such as a stock exchange, which from various sellers acquired control of the basic regulation. § 16, when the merger would immediately be notified to the consumer and competition agency and the transferee does not exercise the voting rights attached to the securities in question or does so only to maintain the full value of its investment and for exemption from the Competition Tribunal, see. (6).
(6).  The competition Board may grant a derogation from the provision in paragraph 5 and may attach conditions or grant injunctive relief in order to ensure effective competition.
(7).  Consumer and competition protection agency may notwithstanding the provisions of paragraph 1 in accordance with a simplified procedure of the boards approve a merger, if the agency finds that the concentration in the light of the information available does not give rise to any objections from the Agency's page.

§ 20.  Within 40 working days of receipt of a complete notification, see. However, section 18 (2) in deciding whether the merger can be approved, including whether the merger can be approved under a simplified proceedings. Within the same time limit can deciding on a separate examination of the merger.
(2).  Initiated a separate investigation of the merger regulation. (1), (2). point, deciding on the approval or prohibition of the merger within 90 working days after expiry of the period referred to in paragraph 1.
(3).  The time limit referred to in paragraph 2 shall be extended by up to 20 working days, if one or more of the participating companies propose new or revised offer. The deadline shall be extended only if at the time of the transfer of the undertakings is less than 20 business days back to that paragraph 2 should be taken a decision, and so that there is overall 20 business days to the evaluation of the merger in the light of the new or revised offer.
(4).  The time limit referred to in paragraph 2 may also be extended by order of the Board, provided that the Competition or the companies that have made the notification, requests or consents contained herein. An extension may not exceed 20 business days.
(5).  There is no decision within the time-limits resulting from paragraphs 1 to 4 shall be considered as a decision on the approval of the merger.

§ 21.  The competition Board may for approval of the merger regulation. section 19 (2), attach conditions or issue orders, including the order to ensure that the undertakings concerned comply with the commitments they have given to the Competition Tribunal in order to eliminate the injurious effects of the merger.
(2).  Conditions or injunctive relief can, among other things. consist in that the participating companies must: 1) sells a business, parts of a company's assets or other proprietary interest, 2) allow third-party access or 3) make other measures to promote effective competition.
(3).  After the approval of the Competition Board may issue injunctions a concentration that is necessary in order to ensure the timely and proper fulfilment of the commitments made by the participating undertakings have submitted against the Tribunal, see. (1).

§ 22.  The competition Board may revoke an approval of a merger: 1) when the Competition Board's decision significantly based on false or misleading information, which can be attributed to one or more of the participating companies, or 2) if the undertakings concerned fails to comply with conditions or impositions, without prejudice. Article 21, paragraph 1.

§ 23.  The competition Board may by decision to prohibit a merger under section 19, paragraph 1, which are already completed, issue the injunction a sharing of the acquired or merged companies or assets or the cessation of joint control or any other action which will be able to restore effective competition.

Chapter 6 Openness and access to documents

§ 24.  Landstingslov on open Government do not apply to proceedings under this inatsisartutlov, except for matters relating to the development of regulations pursuant to section 4, paragraph 2, article 7, paragraph 6, article 8, paragraph 2 2. section, § 9, 2. paragraph, section 10, paragraph 1, article 11, paragraph 6, article 12, paragraph 3, 2. paragraph and paragraph 5, 2. paragraph, article 15, paragraph 4, article 17, paragraph 3, article 26, paragraph 3, and section 34 (3). However, section 4, paragraph 2, and section 6 of the landstingslov about the public nature of the Administration application. 1. and 2. paragraph also applies when the information provided after this inatsisartutlov is passed to another administrative authority.
(2).  The competition Committee's reasoned opinion and Naalakkersuisuts responses under section 2, paragraph 4, as well as Competition decisions taken pursuant to inatsisartutloven shall be published. In addition, the decisions of the consumer and competition authority on Competition Committee's behalf shall be published, provided that the decision is deemed to have an impact on the understanding of the application of inatsisartutloven or to be of interest to the public in General. In cases where there is with reference to § 38 be imposed or adopted a fine, should be the publication of the judgment, fine, the adoption or a summary thereof.
(3).  The competition Board may publish information on the Competition Committee's activities and general statements.
(4).  By publication in accordance with paragraphs 2 and 3, information about technical issues, including research, production methods, products as well as operating and business secrets should not be made public, in so far as it is of considerable economic importance for the person or company information. In addition, information about individual clients ' conditions in establishments under the supervision of the financial supervisory authority, cannot be disclosed.
(5).  The, which must provide information to the Competition Board, the Board's President covet that information in accordance with paragraph 4 may not be supplied or made publicly available, should not be given over for Committee members. The President shall determine definitively the extent to which and in what form the information should be given.

§ 25.  Landstingslov on case management in the public administration applies in proceedings under this inatsisartutlov. In cases where there is to be carried out in accordance with national tinglov about casework consultation of interested parties in the public administration, includes access to the consultation of interested parties the entire draft decision. Deadline for submission of opinion must be at least 3 weeks, unless the matter has already been submitted to the Competition Board.

Chapter 7 the competition authority, organization and powers


section 26.  Competition Tribunal shall ensure compliance with this inatsisartutlov and the regulations issued pursuant to inatsisartutloven. Competition Tribunal may treat a case of its own motion, after review or on the basis of a complaint. Competition Tribunal determines whether there is sufficient cause to investigate or adjudicate in a case, including whether the proceedings temporarily or permanently must be set. Similarly, the Competition Board may decide not to deal with a case where companies have previously undertaken under section 29.
(2).  Consumer and competition protection agency is the Secretariat of the Competition Tribunal in cases after this inatsisartutlov and carries out on behalf of the Board the day-to-day management of Competition inatsisartutloven. Consumer and competition protection agency works, similar to the Competition Board, independent in its activities.
(3).  The Minister shall determine the Competition Committee's rules of procedure and the rules for the competition Committee and the consumer and competition protection agency's business, rules for setting and appointment of Competition Committee members, the dismissal of Committee members on the recommendation of the Competition Committee's President before a period's termination as well as rules on payment of Competition Committee members in accordance with landstingslov of remuneration, etc. for members of Inatsisartut and Naalakkersuisut, etc.

§ 27.  Competition Tribunal consists of a Chairperson and six members. The Chairman and the members shall be appointed by the Minister for a period of up to 4 years. Competition Tribunal must include a versatile knowledge of public and private business activities, including legal, economic, financial and consumer relations. The President and three of the Contest Committee members shall be independent of enterprise and consumer interests. The Minister shall appoint 1 member on the recommendation of the professional organisations in association, 1 member on the recommendation of consumer organizations in the Association, and 1 member with special insight into public business upon the recommendation of the Minister and the FINANCE COMMITTEE of the Association. Competition Committee members shall be appointed on the basis of their personal and professional skills, and they must operate independently in their work.

section 28.  The injunction, which the Competition Tribunal may issue under section 6 (4) 1. paragraph, or section 11, paragraph 3, 1. paragraph, with a view to bringing the harmful effects of the restrictions on competition to an end, inter alia, include: 1) total or partial lifting of the agreements, decisions, business conditions, 2) injunction to specific prices or profit margins may not be exceeded, or that, in the calculation of the prices or profit margins to be used specific calculation rules, 3) duty for one or more of those companies to sell to specified buyers on the company's usual terms for comparable sale. The company may, however, always require cash payment or reassuring safety, 4) injunction to give access to an infrastructure facility, that is required to be able to offer a product or service, or 5) obligation to report general trading conditions for consumer and competition protection agency.
(2).  Injunction in accordance with paragraph 1, nr. 5, valid for 2 years from the date on which the decision is final.

section 29.  Commitments made by enterprises, and to meet the Competition concerns which the Board has, in relation to section 6 (1) or section 11, paragraph 1, of the Board shall be binding on companies. An undertaking can be time-limited.
(2).  According to commitments made binding, see. (1) the competition Board may issue injunctions, which are necessary in order to ensure the timely and proper fulfilment of the undertakings offered.
(3).  The competition Board may revoke a decision in accordance with paragraph 1, if: 1) the facts have changed on a fundamental point, 2 to the decision) the participants in the agreement or concerted practice, the adoption act in breach of the undertakings offered, or 3) decision has been taken on the basis of misrepresentations or misleading information from members of the agreement, adoption or concerted practices.

section 30.  The competition Board may ask for any information supplied, which is necessary in order to assess whether a relationship is governed by the provisions of inatsisartutlovens.
(2).  The competition Board may require the submission of financial statements, including the accounting material, printing of books, other commercial documents and electronically stored data.

section 31.  Consumer and competition authority for the use of the Board's business Competition can carry out surveys involving consumer and competition protection agency gets access to a company or Association premises and means of transport in order to familiarize themselves with and take a copy of any information, including financial statements, accounting materials, books and other business records, irrespective of the medium. In connection with an investigation can consumer and competition protection agency ask for oral explanations as well as require that persons covered by the investigation, showing the contents of your pockets, bags, etc., in order that the consumer and competition protection agency can familiarize themselves with and possibly take a copy of this.
(2).  Where an undertaking or association information stored or processed by an external data processor, the consumer and competition protection agency access to the external data behandlers premises in order to familiarize themselves with and take a copy of the information. Access assumes that it is not possible for consumer and competition protection agency to gain access to the relevant information directly from the company or association, which is the subject of the examination.
(3).  In connection with an investigation in accordance with paragraph 1, the consumer and competition protection agency access to carry out investigations of employees ' homes, in order to familiarize themselves with and copy any information, including financial statements, accounting materials, books and other business records, irrespective of the medium.
(4).  Consumer and competition protection agency's inspections in accordance with paragraph 1-3 can only take place after obtained court order from the Court in Greenland and to the proper identification.

section 32.  In the context of an investigation under section 31 consumer and competition protection agency can take mirrors for the data content of the electronic media, which are covered by the inspection, and can include the mirrored material with a view to subsequent to review this. The mirrored material must be sealed when consumer and competition protection agency leaves the company or external data behandlers sites, or the staff member's private home. The company, or a representative of this, have the right to be present when the sealed material is opened, and by consumer and competition protection agency's review of the mirrored material, same right has private employees whose home has been studied. Consumer and competition authority has a duty to not later than 40 working days after the inspection is to provide a set of copies of the information consumer and competition protection agency might have taken from the mirrored material to the subject matter of the inspection. When the review of the mirrored material is complete, the mirrored material stored in sealed condition. The mirrored material should be deleted, if the consumer and competition protection agency estimates that the matter does not contain evidence of an infringement of the competition rules. Consumer and competition protection agency decides to go ahead with the case, the mirrored material is deleted, when the case is finally settled.
(2).  If the company's or the Group's conditions, that it is not possible for consumer and competition protection agency the same day that the inspection is carried out, to gain access to or make copies of the information, the consumer and competition protection agency seal the relevant premises and information in up to 3 business days thereafter.
(3).  Under the same conditions as referred to in paragraph 2, the consumer and competition authority, against receipt, include the information or the medium in which the contents are, for the purpose of copying. The consumer and competition protection agency included material, together with a list of the copies are taken, and one set of copies of the information consumer and competition authority has taken to use for a closer examination, be returned to the company or the Association not later than 3 business days after the inspection.
(4).  Consumer and competition authority can, in special cases, extend the time limits laid down in paragraphs 1 to 3.

section 33.  The police provides assistance for consumer and competition protection agency, in the exercise of powers under section 31, paragraphs 1, 2 and 3, and section 32, paragraph 1-3.

§ 34.  Consumer and competition protection agency can to other countries ' competition authorities, subject to reciprocity disclose information covered by the consumer and competition protection agency's secrecy, and which are necessary in order to facilitate the enforcement of competition laws, including these countries in order to meet Greenland's bilateral or multilateral obligations within the Commonwealth.
(2).  By the transmission of information to other countries ' competition authorities, consumer and competition protection agency must make the disclosure of the information: 1) are subject to an equivalent obligation of secrecy at the receiver, 2) are used solely for the purposes for which is provided in an applicable bilateral or multilateral agreement, if the Exchange takes place in implementation thereof, and (3)) can only be disclosed with the express consent of the consumer and competition protection agency and only for the purpose for which consent includes.

(3).  The Minister may lay down detailed rules on consumer and competition protection agency's disclosure to foreign authorities of information covered by professional secrecy inatsisartutlovens.

Chapter 8 Complaint

section 35.  The competition Board's decisions in accordance with inatsisartutloven cannot be brought before another administrative authority.
(2).  The competition Board's decisions can be challenged before the Court in accordance with the inatsisartutloven in Greenland as 1. instance.
(3).  Submission of decisions under section 24, paragraph 4, have suspensory effect. Referral of other decisions of the Competition Tribunal or Court can in Greenland conferred on suspensive effect.

§ 36.  The court decisions of the Court of Greenland shall take place no later than 4 weeks after the decision is announced. When special reasons why the Court may in Greenland disregard overshoot of referral period.

Chapter 9 penalties, etc.

section 37.  The Minister or the Minister authorizes it, which may impose a penalty payment to the daily or weekly, which fails to: 1) provide the information as the Board may require for this Competition inatsisartutlov, 2) comply with any terms or an injunction granted under this inatsisartutlov, or 3) comply with a commitment made binding, see. section 29.

section 38.  There may be fined to the intentionally or grossly negligently: 1) violates section 6, paragraphs 1, 2) violates or fails to comply with any conditions notified in accordance with article 8, paragraph 3, section 3, or (4), 2nd paragraph, 3) violate section 11, paragraph 1, 4) violates or fails to comply with an obligation under section 12, paragraph 1, 5) does not comply with a ban pursuant to section 13 (1) 6) fail to notify a concentration in accordance with article 17, paragraph 1, 7) conducts a merger despite a ban against it under section 19, paragraph 2, is in breach of the prohibition on implementation of a merger before approval thereof pursuant to section 19, paragraph 5, 1. point, fails to comply with any terms or notices under section 19, paragraph 6, or article 21, paragraph 1 or 3, or fails to comply with an injunction granted pursuant to section 23, 8) violates or fails to comply with an obligation under section 28, 9) violates or fails to comply with a commitment made binding under section 29, paragraph 1, 10) violates or fails to comply with an obligation under section 29 (2) 11) fails to comply with a requirement under section 30, or 12) shall give false or misleading information to the Competition Tribunal or consumer and competition protection agency or fortier information relevant to the case for which the information is collected.
(2).  (1). 1, shall not apply from the date on which an agreement, decision of an Association of undertakings or concerted practices have been notified to the Competition Tribunal under section 8 (1) or (4), and until the Competition Tribunal has announced its decision under section 8 (1) or (4).
(3).  In regulations issued pursuant to this inatsisartutlov can be fixed measures in the form of a fine in accordance with the rules in Kriminallov for Greenland.
(4).  Where inatsisartutloven or regulations issued pursuant inatsisartutloven provides for the setting of fines, the fine imposed on a legal person according to the rules laid down in Kriminallov of Greenland.
(5).  Fines imposed in accordance with paragraph 1 and paragraph 3-4, falls to the National Treasury.
(6).  Measures may be laid down in accordance with the Kriminallov of Greenland to the person who in contravention of section 6, paragraph 1, shall enter into a cartel agreement, if the violation is willful and of goods, in particular due to the seriousness or the harmful effects it is likely to cause. By cartel agreement after 1. item means an agreement, concerted practice or decision between companies operating at the same level of trade, concerning: 1) prices, margins etc. for sale or resale of goods or services, 2) limits of production or sale, 3) sharing of markets or customers, or 4) coordination of bids.
(7).  The who in contravention of section 6, paragraph 1, under particularly aggravating circumstances included a cartel agreement of a particular gravity, can be initiated after Kriminallov for Greenland. As a special aggravating circumstance in particular cases where the offence shall be deemed to have had a significant or have been apt to cause significant damage.

§ 39.  The acting in contravention of section 6 by entering into cartel agreements, can obtain dismissal of the fine or the institutional placement, he or she would otherwise have been imposed for its involvement in the cartel, if the applicant as the first turning to the authorities, and presenting information about a cartel, which authorities were not in possession at the time of application. There must be information, such as: 1) before the authorities of their own accord have carried out an inspection or a search concerning that fact gives authorities concrete opportunity to initiate an investigation, a search or submit a police report concerning that relation, or 2) after the authorities have carried out an inspection or a search on the relevant facts, puts the authorities able to find an infringement in the form of a cartel.
(2).  Dismissal can only be obtained if the applicant: 1) cooperates with the authorities throughout the proceedings, 2) not later than the submission of the application brings its participation in the cartel, and 3) not have forced others to participate in the cartel.
(3).  Satisfy an application for dismissal of charges is not referred to in paragraph 1, no. 1 or 2, under the conditions laid down shall be considered the application as an application for a reduction of fines, see. section 40 (1).

§ 40.  The acting in contravention of section 6 by entering into cartel agreements, can achieve reduction of the fine, he or she would otherwise be required for its participation in the cartel, if: 1) the applicant provides information relating to the cartel, which represents a significant added value in relation to the information which the authorities are in possession of, and (2)) the applicant meet the requirements of § 39, paragraph 2, specified conditions.
(2).  Fine reduction for the first applicant who satisfies the conditions laid down in paragraph 1, account for 50 percent of the fine, he or she would otherwise be required for its participation in the cartel. For the other applicant who satisfies the conditions laid down in paragraph 1, constitutes fine reduction 30 percent. For subsequent applicants who fulfil the conditions laid down in paragraph 1, constitutes fine reduction up to 20 percent.

§ 41.  Applications for dismissal or reduction of fines shall be submitted to the consumer and competition protection agency. In cases where persons or companies is sighted, or where the public prosecutor for serious Economic and International Crime has begun an investigation of a suspected violation in the form of a cartel, application for relaxation of the measure can also be submitted to the public prosecutor for serious Economic and International Crime.
(2).  An application under paragraph 1 shall be treated in accordance with the following procedure: 1) the authority which receives an application referred to in article 6. paragraph 1 of this article, acknowledge receipt thereof.

2) the competent authority referred to in article 6. section 42, paragraph 1, shall deliver an initial commitment, that contains information about whether the conditions laid down in § 39, paragraph 1, or § 40, paragraph 1, are met, and whether there is a basis at this time to announce rejection of the application, because the conditions set out in § 39, paragraph 2, is not deemed to be fulfilled.

3) When proceedings information and assessment is finally implemented, it shall notify the competent authority referred to in article 6. section 42 (2), whether the applicant fulfils the conditions laid down in § 39, paragraph 2, and if so, shall notify the dismissal or reduction of the fine in accordance with the preliminary commitments which the applicant has received under point 1. 2.

§ 42.  A provisional undertaking given by the authority, which has received the application in accordance with article 41, paragraph 1. Previously, the authority shall deliver an initial commitment under section 41, paragraph 2, no. 2, should the undertaking be discussed between the consumer and the Danish competition authority and the public prosecutor for serious Economic and International Crime. A preliminary commitment cancellation of fines can only be granted if those authorities so agree.
(2).  A notice of dismissal of charges pursuant to section 41, paragraph 2, no. 3, given by the public prosecutor for serious Economic and International Crime in the form of a dismissal after consultation with consumer and competition protection agency. A communication on reduction of the fine under section 41, paragraph 2, no. 3, it shall be made following consultation with consumer and competition protection agency of the public prosecutor for serious Economic and International Crime, as in the present case either issues a fine present or earns the matter to the courts.

section 43.  Applications from different companies may not be submitted as a joint application for the relaxation of the measure, unless applicants are business related, and application separately specify which firms applications must include.
(2).  An application from a company or an association includes automatic current and former Board members, senior executives or other employees, provided that he satisfies the conditions laid down in § 39, paragraph 2. When the job's information and assessment is finally implemented, it shall notify the public prosecutor for serious Economic and International Crime, see. section 42 (2), if the person fulfils the conditions set out in § 39, paragraph 2, and if so, shall notify the dismissal or reduction of the fine in accordance with the preliminary commitments which the undertaking or association has been given under section 41, paragraph 2, no. 2. Chapter 10 entry into force and transitional provisions etc.


§ 44.  Inatsisartutloven shall enter into force on the 1. July 2014.
(2).  At the same time be lifted landstingslov nr. 16 of 19. November 2007 about the competition.
(3).  The following notices issued by country tingslov nr. 16 of 19. November 2007 on competition shall remain in force until they are replaced or repealed by regulations laid down pursuant to this inatsisartutlov: 1) the Greenland Home Rule Government Decree No. 2 by 1. February 2008 on the Competition Committee's rules of procedure and its operation.

2) home rule Executive Order No. 18 of 27. June 2008 for repayment of aid granted for specific public-owned companies.

3) the Greenland Home Rule Government Decree No. 22 of 1. July 2008 on the calculation of turnover with far in landstingslov on competition.



Greenland's autonomy, d. 15. may 2014



Aleqa Hammond