Denmark ratifies agreement on cooperation in competition cases in the Nordic countries
Denmark has acceded to a cooperation agreement between Denmark, Finland, Iceland, Norway and Sweden intended to ensure effective enforcement of competition law in each of the countries. Read this news article to get updated on the implications of the agreement.
By assistant attorney Simon Christensen and senior intern Sebastian Willigenburg Andersen
The cooperation agreement replaces the former agreement on exchange of confidential information and implies that competition authorities may now - in addition to exchange of such information - also perform inspections on behalf of each other. Previously this was only possible if the other Nordic country was member of the EU and the case had an impact on trade.
The agreement authorises the competition authorities in each country to notify the competition authorities in any of the other countries about proceedings that can be expected to affect the other country's important interests. This may for example be the case if the inspection concerns a business enterprise located in the other country.
In addition, the competition authorities may exchange information about any matter of fact or of law, including confidential information, and use it as evidence in competition cases. Furthermore, a competition authority may on behalf of and for the account of any of the other competition authorities obtain information and carry out inspections for the purpose of establishing whether there has been an infringement of competition rules.
So far (as at 20 December 2018), Denmark, Sweden and Finland have acceded to the cooperation agreement.
Read the Danish Competition and Consumer Authority's mention of the agreements.