Competition law


our experience and expertise

Horten's competition team has many years' experience in competition issues in Denmark and the EU. We know the subtlety of Danish competition law and how the Danish authorities construe the EU competition rules. We have close contact with the relevant authorities, in particular the Danish Competition and Consumer Authority, and a strong international network. We are members of the Antitrust Alliance consisting of selected law firms in 15 EU member states. This means that we quickly understand the specific local competition rules, assessing them in relation to the subtlety of Danish competition legislation and thus providing foreign companies with a good frame of reference for understanding the Danish rules. 

Our specialists within competition law have in-depth knowledge of how the competition rules are applied and handled in practice within many sectors, e.g. supply, construction and transport, and our expertise is often supplemented by our core competencies within merger and acquisitions, contracts, state subsidies, procurement law, distribution agreements and intellectual property rights.

The team ensured everything we had arranged was done according to the law and at the same time remained open to our suggestions.

Chambers, 2018

Sometimes you want that personal factor, that's what makes them stand out.

Chambers, 2018

They are responsive, available, helpful, very hands-on and specific.

Chambers Europe, 2017

They are easy to reach, constructive and good at putting themselves in the client's position. They are very solution-oriented, they can adapt and are good at communicating.

Chambers Europe, 2017

our clients

Our clients include Danish and foreign companies within all industries which are in need of preventive advice or which have already come under the spotlight of the competition authorities. We have wide experience advising foreign companies on competition issues relating to the sale of their goods in Denmark and in accordance with Danish law.

What we do

  • Compliance programmes.
  • Drafting of dawn raid plans and manuals.
  • Construction, assessment and adaptation of the company's contracts to avoid anti-competitive content.
  • Assessment of which parts of the company's competition practice is legal and which parts need revision to become legal.
  • Litigation before the ordinary courts and prior procedures before the Competition and Consumer Authority or the State Prosecutor for Serious Economic and International Crime (SØIK), including claims for damages on behalf of companies having suffered a loss due to a violation of the competition rules.
  • Contact to the relevant authorities in Denmark and abroad
  • Education and targeted training within the competition rules.

news

The Competition Appeals Board: Trade agreement concerning camping pass was illegal

18 April 2018

The Competition Appeals Board affirmed the Competition Council's decision concerning the Camping Council’s and DK-CAMP’s violation of the Competition Act by having concluded an agreement concerning camping passes. The Competition Council has reported the matter to the police.

Horten recognised as leading law firm by Legal 500

13 April 2018

Horten is recognised as leading law firm within a wide range of legal disciplines. At the same time, 26 partners are nominated as being among the best legal advisers in Denmark.

Fines to cartels within the car industry turn focus on applications for relief of fines

16 March 2018

In three separate decisions, The European Commission has imposed fines of more than EUR 540 million on a number of players within the car industry. At the same time, three cartel members obtained relief of fines due to their roles in relation to exposing the cartels.

New rankings from Chambers

13 March 2018

Chambers, the leading international guide to the best law firms, ranks Horten as one of the best in the country yet again.

Merger control: When to notify mergers and acquisition to national competition authorities

15 February 2018

In mergers and acquisitions, it is always relevant to consider, if the transaction is subject to merger control – on either a national or an EU level. Horten's Merger Control Poster gives an overview of the turnover thresholds for merger control in Europe.

Price increases in the pharma sector may be considered abuse of a dominant position

13 February 2018

The Danish Competition Council ruled that CD Pharma had abused its dominant position by increasing the price on the medicinal product Syntocinon by 2,000 % in 2014.

Unique cooperation between Horten and Symbion

5 February 2018

Horten has entered into unique cooperation with Symbion and Accelerace where we will make a team of lawyers available for start-up businesses at the shared office facilities Horten CoLab.

Cartel fine for collusion in connection with tender to waste water company

17 January 2018

The Danish Competition and Consumer Authority has published that, on 12 January 2018, the contracting business Troels Jørgensen A/S was ordered to pay a fine of DKK 3.2 million for violation of the prohibition against anti-competitive agreements under the Competition Act.

New Managing Partner at Horten

2 January 2018

Finn Schwarz, Attorney and Partner, has been appointed Managing Partner of Horten Law Firm as of 1 January 2018.

A binding commitment from the European Commission will not prevent decisions from national courts

19 December 2017

The European Court of Justice ruled that the European Commission’s decisions on binding commitments does not prevent opposing decisions from national courts.

Judgment in the Coty case: Prohibition against use of third party's online platform was not unlawful

12 December 2017

On 6 December 2017, the European Court of Justice ruled that cosmetics manufacturer Coty's prohibition against internet sale via third parties was not unlawful.

Dawn raids – what are they and what to do?

7 December 2017

Dawn raids are often the first step in a case concerning violation of the competition rules and may have serious consequences for the companies involved. But what is a dawn raid, and what rights and obligations do the company have during a dawn raid?

Eastern High Court upholds the Metro judgment for violation of the Competition Act

23 November 2017

Metro is sentenced to pay a fine of DKK 50,000 for violation of the Competition Act by withholding information in a merger. Eastern High Court upheld the district court's ruling.

Exclusivity discounts: the Intel case, including record-high fine is remitted

20 September 2017

The European Court of Justice ruled that a dominant company's use of excklusivity discounts does not always constitue abuse of the company's dominant position.

Compliance: E-leaning in competition law

20 September 2017

Horten now offers e-learning in competition law tailored to each company.

Merger implemented prior to notification - approved by the Danish Competition and Consumer Authority five years later

8 September 2017

The Danish Competition and Consumer Authority approves SEAS NVE Holding A/S and SYD ENERGI Holding A/S' acquisition of joint control with Clever A/S.

Google - an overview of the summer’s EU case against the internet giant

27 July 2017

In June 2017, the European Commission ruled in the first of three pending cases against Google and ordered Google to pay a record-high fine of EUR 2.42 billion for abuse of its dominant position. According to the European Commission, Google favoured Google Shopping in its search engine.

Merger control: When to notify mergers and acquisition to national competition authorities

10 May 2017

In mergers and acquisitions, it is always relevant to consider, if the transaction is subject to merger control – on either a national or an EU level. Transactions that are subject to merger control must be notified and approved, before they are implemented.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Conditional approval of Maersk Line's purchase of German container shipping company

12 April 2017

The European Commission has approved Maersk Line's takeover of the German container shipping company Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG).

Extensive commitment protects innovation in connection with approved DOW/DUPONT merger

30 March 2017

The European Commission has approved the merger between DOW and DuPont after long-term commitment negotiations. The approval is conditional on DuPont selling many of its pesticide companies and its global R&D.

The European Commission: Aid to construction of Kriegers Flak is legal

30 March 2017

The Commission has approved the Danish state aid to the offshore wind turbine project Kriegers Flak as the project will contribute to an increased use of renewable energy in Denmark.

The European Commission launches new whistleblower tool

20 March 2017

Now, individuals can easily, quickly and anonymously disclose information on cartels and anti-competitive behaviour directly to the Commission.

SAS is once again to pay major fine for participating in the Air Cargo cartel

20 March 2017

SAS and a number of other airlines have once again been fined by the European Commission for their participation in the Air Cargo cartel. In 2015, the European General Court annulled the Commission's decision due to a procedural error. The Commission has now remedied the error and changed its decision.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

Competition law - Adoption of new rules on claims for damages

1 December 2016

The directive concerning damages to customers (and others) suffering a loss due to violation of the competition rules came into force in December 2014 (Directive 2014/104/EU). The directive is now being implemented into Danish law.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.