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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, media, broadcasting and waste. Also represents municipalities and government entities in national public procurement cases, with the Ministry of Foreign Affairs of Denmark as a recent client win. Highly active in the energy and renewable energy markets, handling both competition and procurement mandates related to the sector.

Strengths
Interviewees highlight the expertise of the group, commenting: "They are extremely knowledgeable about competition and European law matters."

Notable practitioners
Claus Berg stands out for his substantial experience in public procurement, with particular knowledge in the construction sector. One source sees him as a "very bright lawyer," and another values that he is "easy to work with."

Jesper Kaltoft concentrates on competition law and is frequently mandated on merger control issues. Interviewees remark that he has "good knowledge of the area." He also assists with procurement procedures.

Considered "a passionate litigator," Peter Stig Jakobsen is known for his experience in dealing with contentious public procurement issues and competition cases concerning vertical and horizontal monopoly. "He has incredible persistence," says an observer.

Simon Evers Hjelmborg is the managing partner at the firm. His areas of specialism lie in mergers, damages proceedings and complaints. Interviewees stress that "he quickly understands the clients' needs and challenges and is fast in developing solutions."

Tina Braad is known for her expertise in an array of public procurement mandates. Interviewees highlight that "her skills are very good, she is easy to understand and good at complex matters."

Chambers and Partners Europe, Competition/European Law

EU & Competition

Ranked: tier 1

Bech-Bruun handles competition and procurement matters for a client roster which includes Procter & Gamble and the City of Copehagen. Practice head Peter Stig Jakobsen focuses on competition, procurement and state aid law; he recently acted for Daugaard Biler in a dispute against Nissan Nordic Europe concerning its selective distribution system. Other recent highlights include public procurement specialist Anne Bergholt Sommer advising Boeing on the provision of supplies to the Danish Defence following a procurement process, Jesper Kaltoft assisting CPH City & Port Development with its tender procedure for a major urban development project, and public sector expert Anders Birkelund Nielsen  acting for the Ministry of Foreign Affairs of Denmark on its procurement procedures. Managing partner Simon Evers Kalsmose-Hjelmborg and Michael Honoré are also active in the competition space; Kalsmose-Hjelmborg advised MTG on the competition aspects of its merger with TDC, and Honoré assisted Nokas with its involvement in a dispute filed against competitor Loomis by its customers relating to cash handling and transportation services.

Legal 500, EU and competition

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