Denmark updates

Competition & Antitrust

Contributed by Gorrissen Federspiel
Competition Council finds that Falck abused its dominant position
  • Denmark
  • 21 February 2019

The Competition Council recently handed down a highly publicised decision finding that the ambulance and assistance company Falck Danmark A/S had abused its dominant position on the Danish market for ambulance and pre-hospital support services by establishing and carrying out a general strategy to exclude its competitor from the market.

Recent decisions on excessive pricing, abuse of dominance, cartel penalties and gun jumping
  • Denmark
  • 20 December 2018

There were a number of significant events in Danish competition law in Autumn 2018. For example, one of Denmark's most significant abuse of dominance cases ended following the High Court of Western Denmark's issuance of its final decision. Further, the Competition Appeals Tribunal confirmed that Swedish pharmaceutical distributor CD Pharma AB had abused its dominant position and a widely discussed gun-jumping case was finally decided after a preliminary ruling from the European Court of Justice.

Standard setting in roofing felt business was not by object infringement
  • Denmark
  • 18 October 2018

The Competition Appeals Tribunal recently rendered a decision in a case concerning the possible coordination of conduct regarding industry standards in the roofing felt business. The tribunal remitted the case to the Competition Council for renewed assessment because of an insufficient by object assessment. The so-called 'by object box' has been widely debated among legal professionals in Denmark and the rest of the European Union.

Maritime and Commercial High Court judgment on legality of consortium agreement
  • Denmark
  • 13 September 2018

The legality of consortium agreements under competition law has been widely debated in recent years. The Maritime and Commercial High Court recently rendered a much-anticipated judgment on this subject and repealed the competition authorities' 2015 and 2016 decisions in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking work.

Decision on excessive pricing in electricity sector repealed, but it's not over yet
  • Denmark
  • 19 July 2018

One of Denmark's biggest abuse of dominance cases is coming to an end following the High Court of Western Denmark's issuance of its final decision, which repealed the Competition Council's decision. However, the Competition and Consumer Authority has sought permission to appeal the case to the Supreme Court. The case shows the importance of economic analysis in abuse of dominance cases. Establishing excessive pricing requires extensive economic analysis and there seems to be a high bar for proof.


Energy & Natural Resources

Contributed by Bruun & Hjejle
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.

New revenue framework for electrical grid companies
  • Denmark
  • 26 March 2018

A new executive order, which provides a framework for how grid companies can cover operational costs and return of investment, will be one of the most important tools for such companies going forward. The executive order stipulates the rules governing the prices that electrical grid companies can charge consumers to cover the costs of running the grid and has introduced a five-year regulation period.

New subsidy scheme for wind and solar power 2018-2019
  • Denmark
  • 08 January 2018

Due to a recent agreement between the government and the Danish People's Party, solar and wind power projects will compete for state subsidies for the first time. Under the new subsidy model, the solar power, land windmill or near-shore windmill projects which deliver the highest amount of megawatts for the lowest price will receive subsidies until the budget is allocated. Subsidies will be awarded as a fixed additional charge to the electricity cost.


Environment & Climate Change

Climate proposal has implications for transport sector
  • 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.


Intellectual Property

Influence of reputed trademark on marketing practices
  • Denmark
  • 20 November 2017

The Maritime and Commercial High Court recently granted Danish company Dyrup A/S a preliminary injunction without security against Nowocoat International A/S for design and layout infringement of Dyrup's wood protection products. This decision is notable, as the majority of judges found that it was possible for end-consumers to disregard a well-known trademark and recognise a product only by its design, while also confusing it with another product.

When does copyright protection exist in Denmark?
  • Denmark
  • 24 July 2017

The bar for copyright infringement of industrial works in Denmark is rather high. A copy must be very similar to an original work and an original work cannot be of a simple or technical nature. In a recent Commercial and Maritime Court case, the Danish ceramics company Kähler's Omaggio series of vases and candleholders was granted copyright protection and Bovictus A/S's KJ collection was found to infringe Kähler's copyright.


Shipping & Transport

Contributed by WSCO Advokatpartnerselskab
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.

Commercial manager not responsible for bunker oil pollution damage under bunker convention
  • Denmark
  • 20 February 2019

The International Convention on Civil Liability for Bunker Oil Pollution Damage introduced a strict liability regime for bunker oil pollution damage. However, the Maritime and Commercial Court recently ruled that shipbrokers, chartering brokers and commercial managers that provide cargo, commercial contracts or commercial agreements but are not involved with a ship's technical operation may fall outside the scope of liable parties under the convention.

Carrier not liable for release of consignment without bill of lading
  • Denmark
  • 30 January 2019

A recent Maritime and Commercial Court decision demonstrates that in order to obtain compensation after cargo has been delivered without the presentation of a bill of lading, it must be proven that the release of said cargo resulted in financial loss. Therefore, in order to pursue compensation from a carrier or agent, a seller that has received no payment from the buyer for the delivery of a consignment may need to prove that the buyer had not already obtained title to the goods delivered before their release.

Parties facilitating financing in shipping industry must consider law of transferor's domicile
  • Denmark
  • 14 November 2018

A recent Maritime and Commercial Court case concerned two Danish OW Bunker companies that had given a foreign bank security against their ordinary claims and subsequently became subject to insolvency proceedings. The judgment stressed that parties facilitating financing in the shipping industry must consider the law of the transferor's domicile and undertake due diligence in accordance with this law in order to protect their interests in the event of the transferor's insolvency.

Danish courts cannot issue injunctions to arrest vessels outside Denmark for unpaid bunkers
  • Denmark
  • 12 September 2018

In a recent Maritime and Commercial Court case concerning liability for unpaid bunkers following a charterer's insolvency, the bunker supplier submitted that the question of whether a vessel can be arrested outside Danish jurisdiction must be decided as a general rule in accordance with the laws and by the courts of the jurisdiction where the arrest is made.