Denmark merger control (2019)
Produced in partnership with Kromann Reumert
Denmark merger control (2019)

The following Competition guidance note Produced in partnership with Kromann Reumert provides comprehensive and up to date legal information covering:

  • Denmark merger control (2019)
  • 1. Have there been any recent developments regarding the Danish merger control regime and are there any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Denmark?
  • 2. Under Danish merger control law, is the control test the same as the EU concept of 'decisive' influence'? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by national merger control provisions, including non-structural, cooperative joint ventures?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any 'effects' doctrine/policy if relevant?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnovers for applying the jurisdiction thresholds?
  • 6. Where the jurisdiction thresholds are met is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction, and what is the timetable thereafter for review by the Danish Competition and Consumer Authority?
  • more

A conversation with Jens Munk Plum, partner, and Jeppe Mejer Kjelgaard, assistant attorney at Danish law firm Kromann Reumert, on key issues on merger control in Denmark.

NOTE–to see whether notification thresholds in Denmark and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Danish merger control regime and are there any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Denmark?

A developing trend in Denmark is the Danish Competition and Consumer Authority's (DCCA) focus on matters regarding an upcoming merger that can be clarified in the pre-notification phase. In order to improve the efficiency in the merger control process, the DCCA is increasing the resources devoted to pre-notification preparations, including the possibility of high-level meetings with management and their advisors.

With effect from 1 January 2017, the DCCA has re-organised itself and created a specialised merger unit that will deal with all merger cases, rather than the cases being dealt with by the different units with different sector allocations The aim is probably two-fold: first, to ensure a more focused handling of the merger cases, and second, to mitigate the delays that the merger cases have on other matters handled by the different units, as the merger cases have drawn quite heavily on the