On 27 January 2010, the Danish Minister for Economic and Business Affairs tabled a competition law package in the Danish Parliament.

The main elements of the package are an amendment of the Danish Competition Act and the introduction of a new Act on the enforcement of the public procurement rules.

The most essential features are:

Lowering of thresholds for merger control whereby more concentrations will become subject to merger control

The merger control turnover thresholds are reduced:

  1. The (upper) combined turnover threshold for the undertakings concerned is reduced from DKK 3.8bn to DKK 900m
  2. The (lower) turnover threshold for the individual undertaking concerned is lowered from DKK 300m to DKK 100m

This implies that following the amendment of the Competition Act a merger must be notified in Denmark, where:

  • the undertakings concerned have an annual turnover in Denmark of at least DKK 900m and at least two of the undertakings each have an annual turnover in Denmark of at least DKK 100 million; or
  • at least one of the undertakings has an annual turnover in Denmark of at least DKK 3.8 billion and at least one of the undertakings concerned has an annual worldwide turnover of at least DKK 3.8 billion.

Introduction of simplified merger clearance procedure for straightforward mergers

If a merger does not raise any competition concerns, the undertakings concerned will in future be allowed to provide fewer and less detailed information on especially market conditions in connection with merger notifications. The competition authorities will also be able to approve straightforward mergers on the basis of a simplified and expedited merger clearance procedure.

The time-limits for clearance of complex mergers are extended.

The time-limit for clearance of complex mergers is extended so that the Danish Competition Authority during the next clearance phase (phase II) will have 90 working days to clear such mergers.

Entry into force

The new rules will enter into force on 1 October 2010."

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