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Recommendations to introduce powers of imprisonment in cartel cases

22. juni 2012

On 31 March 2012 a committee on the Danish Competition Act submitted its report. The Committee was appointed by the Danish government to consider initiatives that can strengthen the effectiveness of the enforcement of the Danish Competition Act.

The Committee was made up of 18 members from relevant public authorities and trade organizations. The Committee’s recommendations concern four areas:

  1. whether there is a need to strengthen the general information and guidance initiatives of the Danish Competition og Consumer Authority in order to prevent infringements of the Competition Act and ensure compliance with the rules,
  2. whether administrative procedures in competition cases can be organised more efficiently,
  3. whether the introduction of prison sentences would achieve better enforcement of the competition rules in cartel cases, and
  4. whether increasing the level of fines would provice a greater incentive to comply with the rules

Among other things, a majority of the committee has recommended that prison sentences be introduced in the Danish Competition Act for involvement in cartels.

The examinations and the recommendations of the committee on the above mentioned four areas are summarised in the attached document. 

Link to: Summary of the considerations and Recommendations of the Committee of the Danish Competition Act