We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
02 April 2020
As the COVID-19 pandemic spreads across Denmark, merger control has come to a temporary standstill and significant parts of the country's public administration have already been shut down for three weeks; however, the Danish competition authorities are adamant that competition law remains in force.
On 16 March 2020 significant parts of Denmark's public administration were shut down for two weeks; however, on 23 March 2020 the shutdown was prolonged until 13 April 2020.
The Danish Competition and Consumer Authority (DCCA) has since issued press releases, reminding companies that competition law remains in force and will be enforced.
On 23 March 2020 a DCCA press release set out that companies might have to cooperate to overcome challenges due to COVID-19 (eg, safeguarding supplies of certain goods).
According to the press release, the DCCA will prioritise competition law enforcement against companies that take advantage of the current situation through illegal behaviour, such as coordinating prices or limiting the production of certain goods.
In an executive order of 18 March 2020, the DCCA's time limit for assessing merger notifications was suspended by two weeks. The suspension was initially expected to last until 30 March 2020; however, a new executive order has prolonged the suspension until 14 April 2020.
Companies should take note of these challenges when engaging in notifiable transactions, as neither their duty to notify nor their standstill obligation are affected by the suspended notification periods. Therefore, companies should consider carefully their timelines when signing transaction documents, as the period between signing and closing may be prolonged.
For further information on this topic please contact Martin André Dittmer or Thomas Skou at Gorrissen Federspiel by telephone (+45 33 41 41 41) or email (firstname.lastname@example.org or email@example.com). The Gorrissen Federspiel website can be accessed at www.gorrissenfederspiel.com.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.