Amendments to the Competition Act enter into force on 4 March

What does the changes to the competition law mean for you?

On March 4, the comprehensive amendments to the Competition Act will enter into force. The changes are based on the Directive of the European Parliament and of the Council of 11 December 2018. Amendments must create a standardization of the Member States’ enforcement of EU competition rules.

What significance will the legislative changes have?

Procedural changes

The extensive legislative changes will have the greatest impact on companies and lawyers involved in competition cases. In particular, the procedural form of competition cases stands for shots, as:

  • There will be a transition to civil fines
  • In future, as a starting point, it will be the Maritime and Commercial Court that hears fine cases
  • It will be possible to bypass the Competition Appeals Board, and thereby bring material decisions from the Competition Council directly to the courts.
  • It will be possible to issue structural orders such as the sale of companies or parts of them

However, the Danish Competition and Consumer Authority will also benefit from the changes in the law in a now two-part investigation system, as these give them better opportunities in their investigations. Since in the future one will happen:

  • Expanding the possibilities of inspections
  • Extension of the obligation to provide information
  • Introduction of the obligation to participate in interviews
  • Restriction on the prohibition of self-incrimination

Material changes

In addition to the extensive procedural changes, there will also be material changes such as:

  • The introduction of parent liability
  • Liability for members of industry associations
  • Relaxation of the statute of limitations

The extensive changes will mean that in future there is an increased risk of penalties for violating both the Danish and EU competition rules.

Do you need help to ensure that your company complies with the competition rules?

You may have concerns about whether your agreement restricts competition in the internal market, or whether your selective distribution agreement meets the specific conditions. At Advokatgruppen, we have a large team of skilled lawyers who are ready to help you. We advise at a level where everyone can follow, and we have been doing so ever since 1987. Contact us today for a free and non-binding assessment of your case.