Competition Law

Tougher enforcement of competition rules in recent times has confirmed the importance of competition law in the day-to-day activities of businesses.

With cartel cases sanctioned by unprecedented fines and merger control rules expanding into increasingly concentrated markets, it’s clear that competition law must now play a fundamental role in corporate decisions – particularly in relation to mergers and acquisitions.

Kromann Reumert's Competition Group is a market leader in the provision of advice on Danish and EU competition law, including state aid and more general EU law issues.

Our expertise

With unrivalled practical experience in safeguarding our clients’ interests before the Danish competition authorities, the Group can guide and represent parties during negotiations with the Danish Competition Authority and at meetings with the Danish Competition Council.

The Group has extensive experience before the Danish Competition Appeals Tribunal, and an excellent track record in achieving successful outcomes for our clients.

The Group also has a thorough knowledge of the European Commission and its decision-making process, not least from handling a number of high-profile mergers and conducting complex litigation before the European courts.

As part of an extensive international network of distinguished competition lawyers, the Group partners with specialists from around the globe to deliver high-quality "one-stop-shop" multi-jurisdictional advice.

ACTIONS IN DAMAGES AND COMPETITION RULES

Businesses involved in the contravention of competition rules may not only face regulatory intervention and potentially harsh sanctions, but also exposure to damages claims.

Cartel law is one of countless areas impacted by a growing trend towards litigants using private lawsuits to claim compensation.

The new rules governing class action lawsuits introduce a wealth of fresh opportunities for parties to obtain compensation, significantly increasing the risk of exposure for businesses.

Our expertise

We provide customised advice in relation to all aspects of damages actions. Our skilled team is well equipped to handle both the representation of parties seeking compensation, as well as the defence of claims, including class action lawsuits.

CARTELS AND UNANNOUNCED INSPECTIONS (DAWN RAIDS)

We guide businesses through EU and Danish investigations into cartels and the abuse of a dominant position.

Advising from case start to finish, we assist in relation to:

The unannounced inspection
Any subsequent uncovering of evidence and
Representation before the competition authorities, including representation in any related criminal proceedings

DOMINANT ENTERPRISES

Prices, discounts and bonus schemes

Our work with a number of Denmark’s largest firms has helped us develop a highly specialised practice that is uniquely positioned to advise on the particular issues affecting dominant entities.

Featuring centrally in our advice are aspects relating to pricing, discounts and bonuses - three areas under constant scrutiny by the competition authorities.

GENERAL EU LAW

We regularly provide advice for matters concerning general EU law issues, including all aspects of the EC Treaty’s rules on the free movement of goods, people, services and capital.

Our experience includes:

Preliminary references to the European Court of Justice
Proceedings before the Court of First Instance
Conducting cases before the EU courts and
Contacts with the Commission's service units in Brussels

HORISONTAL AND VERTICAL AGREEMENTS

We have considerable experience in advising on horizontal cooperation agreements, including the structuring and implementation of joint ventures within areas such as production and distribution.

We provide businesses with extensive advice on an ongoing basis in relation to vertical agreements, including:

Establishing selective distribution systems
Agency, franchise and licensing issues and
Technology transfer agreements

MERGER CONTROL

Highlighted by several approvals of complex "phase II" cases in Brussels and Copenhagen, our merger control expertise extends to obtaining merger control approvals from the European Commission and the Danish competition authorities.

We coordinate multiple filings cases on a regular basis, securing approvals from national competition authorities throughout Europe and the rest of the world, including Germany.

COMPETITION ECONOMICS AND ECONOMIC ANALYSIS

At Kromann Reumert, we employ economists who work closely together with our lawyers and take a cross-disciplinary approach to offer the best advice to our clients.

Economic analyses play an increasing role, both in competition law and in other practice areas. Often, cases are therefore best handled if there is an interaction between law and economics. In our experience, economic theory and analyses may serve to support the legal argument, thus adding significantly to the overall strength of the case.

By integrating law and economics, we take all aspects of the case into account. This allows us to speak with greater confidence in relation to both the Danish Competition and Consumer Authority and the European Commission, including where their decisions are to be reviewed by the Danish Competition Appeals Tribunal and the courts.

Our competition economists are i.a. engaged in the following:

Market definition, including use of quantitative methods and questionnaires
Compliance and impact assessments of the behaviour of dominant undertakings, including by analyses of price and discount agreements as well as cost structures.
Merger assessments, including quantitative analyses of the effects of a merger on competition, using e.g. diversion ratios, UPP, IPR, bidding studies, etc.

Our economists also assist within other disciplines, including:

Claims for damages, including causation analyses, loss assessment and passing-on defences.
Economic assessments in cases involving state aid.
Valuation.

Economic analyses play an increasing and often decisive role in competition law. To ensure the best interaction between law and economics in the case management, our economists are part of the competition law team.