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EU law has great influence on many Danish legal issues as a substantial part of Danish legislation originates from legal initiatives in the EU. The Court of Justice of the European Union plays a vital role in the EU legal system and delivers a great number of important judgments, which contribute to the rapid development of EU law.

Consequently, it requires profound knowledge of EU legislation, institutions and case law of the Court of Justice of the European Union to construe and apply EU law to Danish issues and to manoeuvre within the EU system. This also applies within the field of competition law where navigating and complying with Danish as well as EU competition rules may be a challenging task.  Nonetheless, the trend is towards increasingly severe penalties for violation of these rules.

We assist private enterprises and public organisations in construing and applying EU law in practice. Out team of EU experts have in-depth knowledge of EU legislative and legal systems, and we have long-standing experience representing enterprises before the Court of Justice of the European Union and before the Danish supervisory authorities and courts in EU law cases.

Within the field of competition law, we have in-depth experience advising on merger applications and in assessing agreements and conduct in cases where enterprises are accused of violating competition rules.  We also help enterprises pursue claims for compensation in civil actions for violation of competition rules.

Among other things, we provide advice on:

  • Interpretation of the EU Treaty, TFEU, regulations, directives and case law
  • The right of establishment and free movement of goods, persons, services and capital
  • Contact and negotiation with EU institutions, including the European Commission and the European Parliament
  • Representation of enterprises before Danish supervisory authorities
  • Litigation before the Danish courts and the Court of Justice of the European Union
  • Investigations of cartel formations
  • Cooperation and distribution agreements
  • Pricing structures and discount and bonus schemes
  • Cases before the competition authorities, the EU and the Danish courts
  • Merger control
  • Actions in damages
  • Enterprises with special and exclusive rights.

We have developed several compliance programmes and courses to help our clients handle the most common competition law issues and prevent statutory violations. We always integrate the financial aspects of a case into our legal advice, which is particularly valuable in large actions in damages and cases concerning merger control and abuse of a dominant position.

Our team is made up of highly qualified lawyers with long-standing experience within all areas of EU and competition law. Our wide-ranging expertise implies that all aspects are taken into account at all times, enabling us to provide you with the best possible advice.

In addition, we often work closely together with other practice groups, such as Compliance, Public Law & Administration, Financial Analyses, M&A and Corporate Matters.

EU & Competition

Competition & European Law

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What the team is known for
Impressive competition law practice covering complex merger filings, compliance and contentious cases. Has notable experience in a range of industries, including transport, manufacturing, construction and waste. Also represents municipalities and government entities in national public procurement cases. Highly active in the media and broadcasting sector, advising clients on European Commission investigations and claims for damages before the High Court and Supreme Court.

Strengths
One client says: "The team produces concise and well-written work under severe time constraints and displays outstanding business acumen."

Work highlights
Acted for Boeing on procurement matters, including representation in a lawsuit related to the procurement of supplies against the Danish Ministry of Defence.

Notable practitioners
Claus Berg regularly advises construction industry clients on public procurement issues and contractual matters.

Jesper Kaltoft regularly represents clients in tendering and procurement mandates, merger filings and competition investigations.

Peter Stig Jakobsen principally represents clients in significant procurement matters, including handling tender procedures for projects, as well as European Commission investigations and claims for damages. One client says: "Every time I reach out he delivers high-quality advice right away."

Simon Evers Kalsmose-Hjelmborg advises clients on procurement issues. He currently serves as managing partner of Bech-Bruun.

Tina Braad is a well-regarded public procurement lawyer who handles both contentious and non-contentious matters in the construction sector. "She knows everything that is worth knowing about public procurement law," an impressed market source says.

 

Chambers and Partners Europe, Competition/European Law

EU & Competition

Ranked: tier 1

With experience in contentious and non-contentious matters, Bech-Bruun's practice handles EU and competition, public procurement and state aid mandates for a client roster of contracting authorities, corporations and utility companies. Recent work for contracting authorities includes advising on the obligation to tender, the development of tender strategies, drafting tender material and contracts and implementing tenders; the group also advises businesses participating in tender processes on compliance with suitability requirements and the conformity and optimisation of tender bids. Group head Peter Stig Jakobsen primarily represents clients in cases before the European and Danish courts. Michael Honoré departed to establish Michael Honoré Advokatfirma in early 2019.

Legal 500, EU and competition

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