Denmark

KFST investigates cases. The Competition Council (19 members) makes decisions. The Competition Appeals Tribunal hears appeals. Criminal cases prosecuted by SOIK (State Prosecutor for Serious Economic Crime).

Section 6 of the Competition Act prohibits horizontal cartels. Denmark actively prosecutes cartels criminally — significant cases in construction, removal services, and industrial cleaning.

Vertical restraints prohibited under Section 6. Enforcement against resale price maintenance and territorial restrictions. Danish block exemption for certain agreements.

Section 11 prohibits abuse of dominant position. Notable cases against telecoms incumbents, postal services (Post Danmark, leading to CJEU referral), and utility companies.

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined Danish turnover of DKK 900 million and at least two parties with individual Danish turnover of DKK 100 million). Phase I/II review.

Full immunity or reduced fines under KFST leniency guidelines. Extends to criminal immunity for individuals. Aligned with the ECN Model Leniency Programme.

Commitment decisions under Section 16a of the Competition Act. Administrative settlement with the Competition Council. Plea agreements in criminal cartel cases.

Administrative fines proposed by the Competition Council. Criminal prosecution for cartels with imprisonment up to 6 years (increased from 1.5 years in 2013) and unlimited fines for individuals.

KFST applies general competition rules to digital markets. The EU DMA applies directly. The authority has conducted market studies on digital platforms and data-driven markets.

Danish Energy Agency and Forsyningstilsynet (utility regulation), Finanstilsynet (financial supervision), Danish Transport Authority, and Danish Business Authority exercise concurrent regulatory powers.

KFST conducts dawn raids under Section 18 with court authorisation. Powers include entry to premises, examination of documents, copying of electronic data, and interviews.

Private damages actions available following transposition of the EU Damages Directive (Competition Damages Act 2016). Maritime and Commercial Court in Copenhagen has specialist jurisdiction.

Active in ECN, ICN, and OECD. Nordic cooperation framework with Swedish, Finnish, Norwegian, and Icelandic authorities. Close cooperation with the European Commission.

Criminal cartel prosecutions, green transition competition issues (sustainability agreements guidance), digital markets oversight, and food supply chain enforcement. Active market studies programme.