Competition

Merger control

The rules on merger control are found in the Competition Act. They must ensure that major mergers do not significantly impede effective competition to the detriment of, for example, other companies or consumers on the market.

About merger control in Denmark

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. 

Merger fees are payable for merger notifications submitted to the Competition and Consumer Authority.

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

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

Below-threshold mergers

From 1 July 2024 the Danish Competition and Consumer Authority has the possibility to require notification of a below-threshold merger if the parties’ aggregated annual turnover in Denmark is at least 50 million DKK, and if there is a risk that the merger will significantly impede effective competition, in particular due to the creation or strengthening of a dominant position.

The Danish Competition and Consumer Authority can request a notification of a below-threshold merger no later than three months after a merger agreement has been concluded, a takeover bid has been made public, or a controlling interest has been acquired, unless special circumstances exists.

Further information regarding below-threshold mergers is available in the Guidelines on below-threshold mergers. The guidelines give an overview of the rules, and describes the process for mergers where there is a certain probability that they will be required to be notified. The Guidelines are available in English, however only the Danish version is authentic.