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Competition law

Competition matters are complicated and require significant insight into economic conditions. This is the case regardless of whether we are dealing with cases before administrative authorities and complaints boards or execution of tenders, drafting contracts and agreements, M&As and privatisation. Matters are often further complicated by issues arising in the cross field between the competition rules and other public regulation, including sector regulation. We have unique insight into and experience in such matters.

Competition matters are complicated and require significant insight into economic conditions. This is the case regardless of whether we are dealing with cases before administrative authorities and complaints boards or execution of tenders, drafting contracts and agreements, M&As and privatisation. Matters are often further complicated by issues arising in the cross field between the competition rules and other public regulation, including sector regulation. We have unique insight into and experience in such matters.

Specialised competition lawyers

Our competition team is one of the leading competition teams in Denmark. Our experience includes the most complex and talked-about Danish competition matters.

Our specialists assist both businesses and authorities with all competition matters.

EXAMPLES OF OUR ADVISORY SERVICES:

  • Conduct of dominant undertakings
  • Agreements, adoptions and concerted practice including distribution matters
  • Cartel matters
  • Competition due diligence
  • Merger control
  • Actions for damages for violating competition law
  • Screening of foreign direct investments (FDI)
  • Calls for tenders and privatisation of public undertakings
  • State aid rules
  • Sector-specific competition regulation including in respect of AI and digital services, telecommunications and payment services

Our advice is often provided in close collaboration with our experienced specialists in other relevant areas of the law, for example M&A, financing, real estate and tenders and contracts.

Focus on the developments in competition law

Our team are always on top of developments in Danish competition law. We are actively engaged in political consultation processes, contribute to current competition law literature, and several of our specialists have been appointed as external advisors in the international competition network ICN. This background gives our team significant experience in and insight into the legal framework and an opportunity to target the advice to ensure an optimum solution for businesses and authorities.

Matters for the Danish competition authorities

Our team have unique experience in competition litigation before the Danish courts of law and the Court of Justice of the European Union (CJEU), and we are the preferred advisor to the Danish competition authorities. Here are some of the cases that we are or have been involved in:

  • The Hugo Boss case which was about whether exchange of information between Hugo Boss Nordic ApS on the one hand and Axel Kaufmann ApS and Ginsborg ApS and Ginsborg Frederiksberg Centret ApS respectively on the other hand was illegal.
  • The Nets case where the Danish Supreme Court heard whether Nets Denmark A/S (formerly Nets Holding A/S) had charged online shops unreasonably high fees when consumers made payments with their Dankort (a Danish debit card).
  • The Deutz case which was about whether the German engine company Deutz AG and the company's Danish distributor, Diesel Motor Nordic A/S, illegally prevented the sale of spare parts for repairing the trains of the Danish railway company DSB.
  • The road line case where the Danish Supreme Court heard whether a consortium agreement for the purpose of submitting a tender in a call for tenders was in conflict with the prohibition against restrictive trade agreements.
  • The Ernst & Young case which was about whether Ernst & Young P/S had violated the prohibition against carrying out a merger before it had been approved by the Danish Competition Council. The case was closed following a judgment by the Court of Justice of the European Union (case C-633/16).

International rankings

The Legal 500 logo

LEGAL 500 EU, COMPETITION & PUBLIC PROCUREMENT 2024

Tier 2

"Poul Schmith is solid in its ability to handle complex and sophisticated matters and find solutions that also consider business needs."

The Legal 500 logo

LEGAL 500 EU, COMPETITION & PUBLIC PROCUREMENT 2024

Tier 2

"This firm’s core values are very strong and are permeated in their work. You don’t question the quality, knowledge or service of the work. The employees are very kind, professional and reliable."

Chambers and Partners logo

Chambers Europe Competition/European Law 2024

Band 2

"It is a very skilled team with great breadth and depth."

The Legal 500 logo

LEGAL 500 EU, COMPETITION & PUBLIC PROCUREMENT 2023

Tier 2

"The EU, competition and public procurement team at Poul Schmith law firm consists of true experts with a very profound knowledge in their field of law. They are excellent and they never compromise on quality."

M&A

We work closely with our M&A team and provide assistance in connection with M&As and the establishment of joint ventures.

Our team handle merger notifications in Denmark and the EU and support clients in connection with cross-border international transactions in collaboration with the best lawyers in the jurisdictions in question. We also assist with clarifying and complying with investment screening rules in Denmark and abroad.

CONTACT OUR SPECIALISTS

Let us tailor a process catering specifically to the challenges you face, integrating commercial and legal insight in our solution. Contact us if you have any questions relating to competition law issues.