Denmark updates

Competition & Antitrust

Contributed by Gorrissen Federspiel
Supreme Court judgment on legality of consortium agreement
  • Denmark
  • 23 January 2020

The Supreme Court recently rendered a much-anticipated judgment on the legality of consortium agreements under competition law. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking work. This ruling marks an increasingly restrictive practice, which may affect forms for cooperation other than consortia.

CAT upholds decision on outdoor media owners' discount rates
  • Denmark
  • 12 December 2019

The Competition Appeals Tribunal recently upheld a decision by the Competition Council which found that two outdoor advertising companies, Clear Channel Danmark A/S and AFA JCDecaux A/S, had coordinated discount rates through an agreement. The council found that this anti-competitive behaviour had continued as a concerted practice for several years after the agreement had expired.

Fines issued for cartel activity, price coordination and non-notification of merger
  • Denmark
  • 03 October 2019

Several fines were handed out during Summer 2019 for Competition Act infringements. A group of cases regarding bid rigging in the demolition and plumbing industries were settled with fines issued to companies and management. In addition, the Danish association of camera distributors agreed to pay a fine for price coordination and Circle K Denmark A/S was fined for infringing merger control rules.

Maritime and Commercial Court finds HMN and competitors guilty of illegal price coordination agreement
  • Denmark
  • 25 July 2019

The Maritime and Commercial Court recently upheld a decision by the Competition Appeals Board which had found that a price coordination agreement between HMN Naturgas I/S, two sub-contractors and a trade association had as its object the restriction of competition. An interesting takeaway from the judgment is that the Maritime and Commercial Court viewed separable components of an agreement in isolation.

Recent restrictive agreement decisions
  • Denmark
  • 09 May 2019

In recent months there have been a number of significant cases concerning restrictive agreements in Denmark. For example, a cooperative purchasing society was found guilty of coordinating prices, several judgments were issued regarding cartel infringement in the form of bid rigging in the demolition industry and a company executive was fined for imposing minimum resale prices on hair products.


Employment & Benefits

Contributed by Norrbom Vinding
Can a bank prevent its employees from investing in cryptocurrencies?
  • Denmark
  • 05 February 2020

The Labour Court has ruled that a bank could prohibit its employees from investing in cryptocurrencies such as bitcoin. This decision is an example of the way in which employers' managerial rights can, in certain situations, entail a right to establish rules for transactions or dealings that directly relate to employees' private life.

Reduction of working hours during pregnancy did not constitute gender discrimination
  • Denmark
  • 29 January 2020

The Board of Equal Treatment recently concluded that the fact that a replacement worker in a cleaning company had received fewer shifts during her pregnancy did not constitute gender discrimination. The board concluded that the worker had not established any facts that indicated that her pregnancy had been instrumental to the reduction of her working hours or the fact that she had not been permanently employed.

Disabled mother dismissed: disability and gender discrimination at work contravenes law
  • Denmark
  • 22 January 2020

A district court has confirmed a 2018 Equal Treatment Board finding that the dismissal of a female wheelchair user who had just returned from maternity leave contravened the Anti-discrimination Act and the Act on Equal Treatment of Men and Women. The decision emphasises that employers which implement redundancies for operational reasons for employees with disabilities should always be able to explain in detail why it is the employee with the disability who is a candidate for redundancy.

Can employees suffer an industrial injury before arriving for work?
  • Denmark
  • 18 December 2019

In a recent case, the courts ruled that an employer was not liable to pay damages for an injury sustained by a temp in a car accident when driving from her home to her temporary place of work. Pursuant to the Workers' Compensation Act, an accident is recognised as an industrial injury only if it is a consequence of the work or working conditions. This judgment supports existing case law that accidents occurring during transport to and from an employee's place of work are not covered by the act.

Are employers responsible for others' behaviour?
  • Denmark
  • 04 December 2019

A care assistant was treated in a sexually offensive manner by a disabled individual for whom she had been hired to care. The Eastern High Court determined that the care assistant's employer was not responsible for the disabled individual's behaviour, but that her subsequent dismissal contravened the Act on Equal Treatment of Men and Women.


Energy & Natural Resources

Contributed by Bruun & Hjejle
Uncertainties regarding eighth tender for oil and gas exploration in Danish North Sea
  • Denmark
  • 25 November 2019

The Ministry of Climate, Energy and Utilities recently invited companies to take part in the eighth Danish licensing round for oil and gas exploration and production in the Danish North Sea. Licences were expected to be issued this summer, but political pressure on the government elected in June 2019 means that the eighth licensing round's future is uncertain.

New government announces climate and energy plan
  • Denmark
  • 05 August 2019

The new government has raised the bar for climate and environmental goals with the aim of making Denmark the world leader in the transition to renewable energy. The government's climate plan calls for a significant focus on the use of wind energy and a new agreement goes even further than the 2018 energy agreement, with plans for an offshore energy island with a capacity of at least 10GW.

New 800MW to 1000MW offshore wind farm up for tender
  • Denmark
  • 01 April 2019

The signatories to the Energy Agreement recently decided the location of the first of three new offshore wind farms that will be put up for tender. Unlike previous projects in which the government was responsible for developing the offshore site and preparing the grid connection, the new wind farm will be procured through a procedure in which the winning tender will be responsible for developing and preparing the grid connection.

New energy agreement allocates Dkr19 billion for green energy
  • Denmark
  • 27 August 2018

The government and all parties in Parliament recently entered into an agreement which entails a major commitment to developing green energy by 2030. The agreement contains a broad range of green initiatives and tax reliefs on electricity which aim to encourage Danish consumers to swap fossil fuels for green electricity. Similarly, the planned modernisation of the heating sector aims to provide both companies and consumers with greener and cheaper heating.

Changes to regulation of electricity and gas transmission
  • Denmark
  • 25 June 2018

The Danish transmission systems for electricity and natural gas are owned, operated and developed by Energinet, an independent public enterprise owned by the state. The government recently made a new political agreement with a broad number of political parties concerning Energinet's future economic regulation, which means that it will become subject to a revenue framework. With the new agreement, Denmark will follow the same regulatory tendencies seen in other northern and western European countries.


Environment & Climate Change

Climate proposal has implications for transport sector
Bruun & Hjejle
  • Denmark
  • 17 December 2018

The Danish Energy Agency estimates that Denmark must reduce its greenhouse gas emissions by between 32 million and 37 million tons by 2030 to reach its EU climate goals. To this end, the government recently published a new proposal regarding climate and air policy. The proposal contains 38 specific initiatives and mainly addresses the transport sector, agricultural production, shipping and green transitioning in housing and industry.


Shipping & Transport

Contributed by WSCO Advokatpartnerselskab
Theft of tobacco from trailer not covered under cargo insurance as transport had not commenced
  • Denmark
  • 22 January 2020

The Maritime and Commercial Court recently examined whether the theft of tobacco products was covered under the cargo policy agreed between a wholesaler and a carrier and whether the wholesaler's insurer was liable. It is clear from the judgment that cargo insurance coverage under the Danish Extended Conditions requires that the transport of insured goods commences immediately after loading onto the means of transport has taken place.

Temperature deviation and gross negligence under CMR
  • Denmark
  • 08 January 2020

A recent Maritime and Commercial Court decision concerned carrier liability for temperature damage to a consignment of pharmaceuticals. The court's judgment signals that carriers must make quick decisions and implement actions to respond to temperature alarms in order to avoid unlimited liability.

Direct action, choice of law and time limitation
  • Denmark
  • 31 July 2019

The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy.

Sign on the dotted line – importance of signing transport documents
  • Denmark
  • 29 May 2019

A recent Maritime and Commercial Court decision in which a carrier was found liable for a missing delivery underlines the importance of getting transport documents signed as a receipt for goods delivered. A signed transport document is the carrier's proof of delivery. Hence, in case of doubt as to whether delivery has taken place, the transport document serves as compelling evidence.

Carrier subject to unlimited liability for theft of products from trailer
  • Denmark
  • 20 March 2019

A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper's demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to inform the carrier that the consignment was theft sensitive.