Competition Law in Denmark

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Kluwer Law International, 2011 - Law - 218 pages
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Denmark covers every aspect of the subject the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties
 

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Contents

The Authors
13
3 THE DANISH LEGAL SYSTEM
20
The Structure of Antitrust Law and Its Enforcement
27
3 NATIONAL SOURCES
29
Scope of Application
36
Overview of Substantive Provisions
43
4 OTHER PROHIBITIONS
48
4 AGREEMENTS AND CONCERTED PRACTICES
54
21
128
3 EXCLUSIONARY PRACTICES
130
Concentrations
146
E Where the Merged Entity Is Able to Stifle Expansion
152
3 VERTICAL MERGERS
160
77
163
23
165
4 CONGLOMERATE MERGERS
167

2 CIVIL ENFORCEMENT
66
13
68
16
76
The Application of the Prohibitions
77
17
85
3 VERTICAL AGREEMENTS
94
18
101
Resale of Motor Vehicles and Spare Parts
112
19
113
H Franchising
118
20
119
25
171
Administrative Procedure
173
3 RIGHT OF DEFENCE
181
27
185
100
189
2 STRUCTURE OF PROCEEDINGS
194
28
200
4 RELATIONS WITH OTHER MERGER CONTROL AUTHORITIES
205
29
209
101
213
Copyright

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