New Competition Act Passed: Introduction Of Call-in Option For Mergers Below Turnover Thresholds

On 21 May 2024, the Danish Parliament adopted significant amendments to the Competition Act aimed at strengthening competition and thus ensuring better prices and conditions. The main amendments include 1) a call-in option for mergers below the thresholds, 2) a new market investigation tool that allows for intervention without a finding of infringement, and 3) new principles for calculating fines.

Call-in of mergers below the turnover thresholds

From 1 July 2024, the Danish Competition and Consumer Authority (the "Authority") may demand notification of a merger even if it does not meet the general Danish thresholds. This option is available where (i) the merging entities have a combined annual turnover in Denmark of only DKK 50 million, and (ii) the Authority suspects that there is a risk that the merger will significantly impede effective competition, in particular because it is likely to create a dominant position. A merger notification order issued under