Experience and expertise within competition law
Horten's competition team has many years' experience in competition issues in Denmark and abroad. Our specialists within competition law have in-depth knowledge of how the competition rules are applied and handled in practice within many sectors. We have core competencies within practice areas relating to competition law, including mergers & acquisitions.
We are in close contact with the relevant authorities, in particular the Danish Competition and Consumer Authority, and have a strong international network. We are members of the Antitrust Alliance, consisting of selected competition law firms in 15 EU Member States, the Distribution Law Center, which is a specialised distribution network with lawyers from 27 countries and the European Cartel Damage Alliance, which is a network of European lawyers in the field of antitrust law and cartel damages claims. Therefore, we can quickly identify and solve competitive issues.
Danish and foreign companies are focusing increasingly on ESG goals. Companies often pursue ESG goals jointly across the industry. This increases cooperation between companies, which may give rise to complex competitive issues that affect the companies’ access to realise their ESG goals. Our advice has strong focus on companies’ independent or shared ESG goals and activities.
Experience and expertise within foreign direct investments (FDI)
FDI rules are national rules that apply to foreign investments and specific financial agreements. In Denmark, the FDI rules were introduced in 2021. Numerous other jurisdictions both in and outside the EU have also adopted rules on FDI screening. Horten thus provides holistic advice and assistance to Danish and foreign companies on the relevant screening rules and processes. We advise on all aspects of the screening and approval process and already have wide experience with FDI notifications and pre-screenings with the Danish authorities.
You can read more about the Danish rules and the Danish notification process here: FDI screening and FDI screening: The notification process.
Focus on ESG in competition law
Danish and foreign companies are focusing increasingly on ESG goals and activities. Several companies often pursue ESG goals jointly across e.g. a single industry. This increased cooperation between companies may give rise to complex competitive issues, and the answers have significant impact on the companies’ access to realise their ESG goals. Horten’s competition team thus provides advice with intensive focus on Danish and foreign companies’ independent or shared ESG goals and activities.
Our clients are Danish and foreign companies, trade organisations and public authorities in need of compliance training and advice on compliance with the competition rules. Furthermore, we often advise clients who have come under the competition authorities’ spotlight in a specific case. In merger cases, our clients are typically large companies or public companies in connection with M&A transactions or a merger of companies, e.g. in the supply sector. In connection with corporate acquisitions and major contracts, we often also advise on FDI screening. In addition, we advise companies and authorities having suffered a loss and seeking damages after other companies’ violation of the competition rules.
Professional advice on competition law and the FDI rules
- Compliance programmes
- Drafting of dawn raid plans and manuals.
- Construction, assessment and adaptation of the company's contracts to avoid anti-competitive content
- Compliance assessment and legalisation of the company’s competitive practice
- Litigation before the ordinary courts and prior procedures before the Competition and Consumer Authority, including actions for damages on behalf of companies having suffered a loss due to violations of the competition rules
- Contact to relevant authorities in Denmark and abroad
- Tailored compliance training in the competition rules
- Merger and FDI screening and approval procedures in transactions.