The competition rules are the fundamental rules of the corporate sector, and they apply to all types of economic activity in Denmark and the EU.
International Trade, Regulatory and Government Affairs
On the one hand, the competition rules can provide your business with opportunities, such as helping you achieve a good outcome from negotiations or putting a stop to the anti-competitive practices of your competitors. On the other hand, the competition rules can limit your freedom to act as you please.
The competition rules have been changed several times, and violations may today lead to million kroner fines and imprisonment of the members of management. Companies also risk being sued for damages. At DLA Piper, we have extensive experience in advising companies on all aspects of the Danish and EU competition rules. We act as a competent sparring partner for corporate management in relation to the optimisation of business operations in compliance with the competition rules, and we tailor our advice to ensure optimal business solutions for companies.
We represent our clients before the Danish Competition Council, the Danish Competition Appeals Tribunal, the Danish courts, the European Commission and the European Court of Justice. Our team consists of highly experienced competition law experts of high integrity. Our lawyers have considerable insight into and understanding of the competition authorities’ work, among other things because some of them have previously worked for the Danish Competition and Consumer Authority. We cooperate closely with leading competition economists whose advice we seek, if relevant.
Agreements, resoluions and concerted practices
Agreements, resolutions and concerted practices restricting competition in the market may be prohibited. We advise on all types of commercial relationships, including e.g.:
We draft and assess agreements between competitors, including R&D agreements, production agreements, purchase agreements, marketing agreements, consortium agreements and standardisation agreements. We also draft and assess agreements between companies at different levels of production, including agency agreements, distribution agreements and franchise agreements.
A large number of competition cases in Denmark have concerned the conduct of industry associations towards their members. We assist industry associations in ensuring compliance with the competition rules and in handling cases in relation to the competition authorities.
Voluntary chains traditionally consist of a chain company and a number of chain members which are competitors in relation to the end customers. The competition rules restrict the types of agreements which may be concluded within the framework of a voluntary chain, e.g. with respect to purchase agreements containing minimum purchasing requirements, the use of common retail prices and joint marketing activities. We have extensive experience in advising voluntary chains on the competition rules.
We assist companies which have become the subject of a complaint about anti-competitive practices or believe that they have cause to complain about other companies. We make an assessment of the grounds for the complaint and advise on the best possible course of action, e.g. in relation to the competition authorities, contracting parties, the media and other stakeholders.
Companies with dominant position
Companies with a dominant position are subject to special rules governing their market behaviour. We advise our broad client portfolio of Danish and foreign companies on issues relating to the abuse of a dominant position.
We advise on business policies for companies with large market shares with the aim of eliminating unlawful anti-competitive behaviour, e.g. in connection with price and discount schemes or terms of business.
We assist companies which have become the subject of a complaint about anti-competitive practices or believe that they have cause to complain about other companies. Our assistance includes an assessment of the grounds for the complaint and advice on the best possible course of action, e.g. in respect of the competition authorities, contracting parties, the media and other stakeholders.
Actions for damages
Actions for damages in connection with violations of the competition rules are becoming increasingly common.
We have extensive experience in advising clients on the conduct and management of actions for damages relating to violations of the competition rules.
We assist – both in and out of court – Danish and international companies which have suffered losses due to cartel activity in the EU, and we also advise companies which are being sued for damages for violation of the competition rules. We have cutting-edge knowledge of group actions and offer advice on how to conduct and manage group actions in the best possible manner for the group members.
Merger control
Today, mergers of a certain size require authorisation from the competition authorities. We assist in the assessment and, if necessary, the notification of both national and cross-border mergers.
The competition rules applicable to mergers differ from the company law rules. We advise on the competition rules applicable to business transfers, business combinations and the establishment of joint ventures. We screen transactions before they are notified to the competition authorities, and we advise our clients on how to structure a transaction in the best possible manner with a view to obtaining authorisation from the competition authorities.
We assist with notifications to and applications for merger authorisations from the competition authorities. Our assistance covers both informal pre-notification discussions and formal negotiations with the competition authorities concerning their approval of the merger.
Cartel cases
Cartel activity is the most serious violation of the competition rules, and cartel offences are punishable by a fine or imprisonment.
Cartels
We assist in connection with cartel cases, e.g. in relation to the competition authorities and the Public Prosecutor for Serious Economic and International Crime (SØIK). We also advise on how to deal with employees, customers, the media and competitors while a case is pending.
If your company engages – or has engaged – in cartel activity, we can advise you on the possibilities of obtaining immunity from fines or a reduction of fines. We prepare leniency applications and manage the application process in relation to the competition authorities.
Criminal cases
If your company faces a criminal charge for violating the competition rules, we can help you handle your case in relation to the Public Prosecutor for Serious Economic and International Crime (SØIK) to ensure acquittal or the lightest sanction possible.
Dawn raids
The Danish competition authorities and the European Commission have wide powers to investigate companies for violations of the competition rules, and they make increasing use of unannounced inspections (dawn raids).
Dawn raids require a speedy response. We can immediately send a team of highly qualified and experienced competition lawyers who will help safeguard the company's interests during a dawn raid.
After the dawn raid, we handle the subsequent process of dealing with the competition authorities and, if necessary, the Public Prosecutor for Serious Economic and International Crime (SØIK).
State aid
Certain types of anti-competitive state aid are unlawful. We advise private companies and public authorities on the EU state aid rules. We assess regulatory measures, and we advise both companies and public authorities on how to best implement such measures.
Public private partnerships
We are the leading experts in Denmark on public private partnerships (PPPs) or public private innovation partnerships (PPIs). In relation to PPPs and PPIs, we assist our clients in organising the partnerships in compliance with, in particular, the state aid and public procurement rules.
Notifications, etc.
We assist our clients in notifying state aid to the competition authorities and participate in both formal and informal pre-notification discussions with the competition authorities.
Complaints about unlawful state aid
We assist companies and public authorities being the subject of complaints about unlawful state aid. We also assist companies which believe that they have cause to complain about other companies and/or public authorities. We make an assessment of the grounds for the complaint and advise on the best possible course of action, e.g. in relation to the competition authorities, contracting parties, the media and other stakeholders.
