Cartel regulation—Denmark—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Denmark—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Bruun & Hjejle—Frederik André Bork; Olaf Koktvedgaard; Søren Zinck

1. What is the relevant legislation?

The Danish rules on cartel regulation are laid down in the Danish Competition Act (the Act), which entered into force in 1998. An English version of the Act, the relevant executive orders issued under the Act and guidelines on the application of the rules, dawn raids, leniency and compliance are accessible on the website of the Danish Competition and Consumer Authority (DCCA). The Competition Damages Act lays out the regulation on damages claims related to infringements of competition law.

Danish competition law is, to a large extent, similar to EU competition law. Section 6 of the Act contains a general prohibition against anticompetitive agreements similar to article 101 (1) of the Treaty on the Functioning of the European Union (TFEU). Correspondingly, section 8 of the Act contains an efficiency defence for agreements, decisions or concerted practices that are caught by section 6 similar to article 101 (3) of the TFEU. Moreover, the Danish rules are interpreted in accordance with case law from the European Commission as well as the European Court of Justice.

2. Which authority investigates cartel matters? Is

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