Merger control

The merger control provisions are contained in Part four of the Danish Competition Act and in Executive Order on the Notification of Mergers. Turnover is calculated in a accordance with Executive Order on the calculation of turnover in the Competition Act.

Merger control in Denmark applies to mergers where:

the aggregate annual turnover in Denmark of all undertakings involved is more than DKK 900 million and the aggregate annual turnover in Denmark of each of at least two of the undertakings concerned is more than DKK 100 million;
the aggregate annual turnover in Denmark of at least one of the undertakings involved is more than DKK 3.8 billion and the aggregate annual worldwide turnover of at least one of the other undertakings concerned is more than DKK 3.8 billion; or
the Danish Business Authority in accordance with the Act on electronic communications networks and services has referred a merger between two or more commercial providers of electronic communications networks in Denmark to the Competition and Consumer Authority.

A full notification of a merger must include the information and documents specified in the full notification form; cf. Annex 1 - Information for full notification of mergers.

A simplified notification of a merger must include the information and documents specified in the simplified notification form; cf. Annex 2 - Information for simplified notification of mergers.

From 1st August 2013 merger fees are payable for merger notifications submitted to the Competition and Consumer Authority.

The fee for a simplified notification amounts DKK 50,000. The fee for a full notification amounts 0,015 per cent of the aggregate annual turnover in Denmark of the undertakings involved, however maximum DKK 1,500,000.

If the merger has already been notified through a simplified notification and the payment of DKK 50,000, but the Competition and Consumer Authority has required a full notification, a full notification shall be submitted together with a fee amounting 0,015 per cent of the aggregate annual turnover in Denmark of the undertakings involved, less DKK 50,000, however maximum DKK 1,500,000.

The new merger fees are laid down in Section 12h in the Competition Act, see below

Please find further information concerning the notification of mergers in the Guidelines to the Executive Order on Notification of Mergers and on Merger Fees (under revision) and in the Merger Guidelines (under revision).