• Professional News
  • 18 March 2013

Merger notification fee is introduced into Danish merger control scheme

The Danish Government has proposed an amendment to the Danish Competition Act introducing fees on merger notifications.

On 1 October 2010, the Danish Parliament's amendment to the Danish Competition Act lowering the turnover thresholds on merger control took effect. Subsequently, in connection with the political agreement on the Danish annual budget, the Danish Government has proposed that a fee on merger notifications is introduced into the Danish merger control scheme. On 13 March 2013, the Danish Government brought its legislative proposal to Parliament.

The Danish Government proposes that a fee of DKK 50,000 be introduced on simple merger notifications. For regular merger notifications the fee will amount to 0.015 per cent of the combined turnover in Denmark of the undertakings concerned, though the fee cannot exceed DKK 1.5m. Accordingly, the fee will reach the upper threshold if the participating undertakings have an aggregate turnover of DKK 10bn.

If the Competition Authorities, during a simple notification proceeding, find that sufficient investigation requires a regular notification, an additional fee is required. The undertakings may in that instance deduct the already paid fee of DKK 50.000.

The proposed amendment is expected to take effect on 1 August 2013.

(The proposed amendment to the Danish Competition Act (in Danish))

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