Denmark

Cartel conduct is criminalised by the Danish Competition Act (Consolidation Act No. 700 of 18 June 2013).

The offence

It is an offence under section 6 of the Danish Competition Act for undertakings to enter into agreements that have restriction of competition as their direct or indirect object or effect.

The prohibition includes agreements made to:

  • fix purchase or selling prices or other trading conditions;
  • limit or control production, sales, technical development or investments;
  • share markets or sources of supply
  • apply dissimilar conditions to equivalent transactions with trading partners, thereby placing them at a competitive disadvantage;
  • make the conclusion of contracts subject to acceptance by the other contracting party of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts;
  • coordinate the competitive practices of two or more undertakings through the establishment of a joint venture; or
  • determine binding resale prices or in other ways seek to induce one or more trading partners not to deviate from recommended resale prices.

Sanctions

Corporations

Unlimited fine, for cartel conduct the minimum fine is 20 million kroner

Individuals

Unlimited fine (minimum of 200,000 kroner for cartel conduct) and one and a half years’ imprisonment if the participation in the cartel was deliberate and if the offence is grievous judging by its scale and the adverse effects it is capable of causing (this can be increased to six years if there are aggravating circumstances).

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