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State aid

State aid encompasses direct and indirect aid from a public body to a business or an economic sector. State aid regulation seeks to ensure that competition between EU businesses is not distorted, and in recent years state aid has increasingly become a focus area. This is primarily because authorities run the risk of being ordered to claim back unlawful state aid and because competitors now can take compensation claims to national courts.

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

Our clients count public bodies and aid recipients that need to ensure aid is in compliance with state aid law, as well as companies that are affected by aid granted to competitors.

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

Our competences include:
• 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 companies
• Establishment, financing, operation, purchase and sale of public and semi-public businesses
• Complaints concerning alleged unlawful state aid
• Public businesses' establishment and operation of activities of a private law character
• Trading with businesses in receipt of state aid

Our ratings

Chambers and partners

Chambers Europe Rating 2013
-  Competition and European Law

This team is especially commended for its public procurement and state aid advice, and handles a broad range of competition issues for both public and private clients. In recent highlights the group assisted a waste and energy company with the public procurement procedures to set up a EUR400 million incineration plant, and advised Energinet.dk on the merger notification for its acquisition of ten transmission companies. Other high-profile clients include Bang & Olufsen and GlaxoSmithKline.

Sources say: "Clever and trustworthy lawyers, available whenever needed."

Department head Simon Evers Kalsmose-Hjelmborg is praised as being "pragmatic and business-minded." Sources value his litigation skills, availability and direct advice. "Superb" public procurement expert and competition practitioner Peter Stig Jakobsen is "extremely good at advising on strategic issues," say sources. "He presents a case in a very clear and intelligent way, and has good insight into the economics of competition law." Jesper Kaltoft stands out for his competition and public procurement advice. Peers enjoy working with him and praise his pragmatism as well as his "firm grip" on the issues at hand.

Chambers and Partners Europe, Competition/European Law

Bech-Bruun Recommended by Legal500

Legal500 Rating 2013
-  EU and Competition

Bech-Bruun is praised for ‘great response times, availability and direct, no-nonsense advice’ on anti-competitive practices, merger controls and public procurement. Group head Simon Evers Kalsmose-Hjelmborg and Michael Honoré act for DSB in complex state aid cases. Peter Stig Jakobsen successfully represented Montaneisen in the Supreme Court, winning significant damages from The Danish Coastal Authority. The ‘experienced, knowledgeable’ Jesper Kaltoft is advising Udviklingsselskabet By & Havn, part of the consortium which supports UN activities in Denmark, on public procurement matters.

Legal 500, EU and competition

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