State Aid

Our expertise includes:

  • General advice on state aid law, relating to the existence of state aid and the possible justification of state aid
  • Notifications to the EU Commission
  • Establishment of collaborations between public and private businesses
  • Establishment, financing, operation, purchase and sale of public and semi-public businesses
  • Trading with businesses receiving state aid
  • Complaints against allegedly unlawful state aid
  • Public business establishment and operation of activities of a private law character.

How can we help?
Our state aid team includes some of Denmark's leading experts. We advise on all aspects of state aid law in a wide range of sectors, including transport, media, broadcasting, energy, agriculture and infrastructure as well as financial services and taxation.

Our clients encompass public authorities and state aid recipients who need to ensure that aid is in compliance with state aid law, as well as businesses affected by aid granted to competitors.

We regularly litigate state aid cases representing our clients before the competition authorities and courts in Denmark and the EU.

Common challenges
State aid encompasses direct subvention and indirect aid from a public authority to a business or a sector. State aid regulation seeks to ensure that competition between EU businesses is not distorted and, in recent years, state aid regulation has increasingly become a focus area.

This is primarily due to the fact that authorities run the risk of being ordered to claim back unlawful state aid and because competitors of state aid recipients can now bring compensation claims before the national courts.

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Our ratings

Chambers and partners

Chambers Europe Rating 2015
-  Competition and European Law

What the team is known for Market-leading competition law practice covering complex merger filings, compliance and contentious cases. Its lawyers have notable experience in a range of industries, including transport, media, broadcasting and waste. Also represents municipalities in national public procurement cases. 

Strengths Clients praise the team's business insight, saying: "They provide sound counselling and they have been good at understanding our commercial set-up. They are able to see the commercial reality and legal complexities."

Another client emphasises their expertise and commitment: "We have been very satisfied with their service, they really know their field. They are also personally very engaged and you get the sense that they really want to make a difference. It's more than just a job to them, they really want to do something here."

Work highlights Represented Lely Nordic and four Lely franchisees in proceedings before the Danish Competition Appeals Tribunal concerning price fixing in the market of robotic milking systems.  

Advised Energinet.dk on acquiring gas distribution facilities from DONG.

Significant clients Viasat, The City of Copenhagen, AGA, Agusta Westland, VKR Holding.

Notable practitioners
Simon Evers Kalsmose-Hjelmborg is particularly active in the competition arena and has notable experience in litigation and contentious competition law matters.

Tina Braad specialises in public procurement and offers broad-ranging experience in contracts, procurement processes and complex infrastructure projects.

The "responsive and knowledgeable" Peter Stig Jakobsen heads the practice and is particularly active in litigation as well as competition, public procurement, contract and state aid law.

Claus Berg maintains a strong position in the market and has particular expertise in public procurement law and litigation.

Jesper Kaltoft's strong practice in competition law covers merger control as well as distribution. He also focuses on EU law.  

Michael Honoré is considered "very specialised and strong" in his field. He is well reputed for his focus on antitrust, state aid and general EU law. He is an experienced litigator and frequently represents clients before both Danish and European courts.

Chambers and Partners Europe, Competition/European Law

Bech-Bruun Recommended by Legal500

Legal500 Rating 2017
-  EU and Competition

Bech-Bruun’s ‘top-tier’ group gives ‘high-quality’ advice with a strong commercial understanding. ‘Second-to-none’ group head Peter Stig Jakobsen represented Bring Citymail as the plaintiff in two cases before the Danish Maritime and Commercial High Court and European Court of Justice regarding alleged abuse of dominance. The team includes Jesper Kaltoft and Michael Honoré, who is ‘easy to work with’.

Legal 500, EU and competition

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