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24 February 2021

Newly amended Danish Competition Act strengthens the Danish Competition and Consumer Authority’s Options to investigate alleged Infringements of the Act and introduces a new Regime for issuing civil Fines

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The new Competition Act is the result of the implementation of the European ECN+ Directive (the “Directive”). The general purpose of the Directive is to strengthen national competition authorities’ possibility to enforce EUF, Article 101 on the prohibition against restrictive practices and Article 102 on the prohibition against fraudulent use of a dominant position.

The Directive sets out minimum requirements to the national authorities’ possibility to enforce Articles 101 and 102. During the legislative process, the proposal has been through consultation procedures and has been subject to objections from the market, especially due to concerns about the legal rights of the companies.

In addition to introducing minimum requirements in accordance with the Directive, the Act has also undergone a general update. Below are some of the main amendments to the new Competition Act.

Pernille Nørkær

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