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Pursuant to Sections 12b(3) and 15b of the Competition Act, cf. Consolidated Act No. 539 of 28 June 2002 and Executive Order No. 98 of 12 February 2003 on conferring upon the Danish Competition Authority powers relating to electronic communication, it is laid down as follows:

1.—(1) Notification of a merger in accordance with Section 12b(1) or 12c(7) of the Competition Act shall be adressed/notified to the Danish Competition Authority by one or more of the companies participating in the merger.

(2)Notification to the Danish Competition Authority can be made electronically. In that case, the personal signature to the declaration in table K2, which is annexed to the present order, shall be replaced by an electronic signature. Accompanying documents may be attached in copy.

2.—(1) In order to qualify as a complete notification under Section 12d, (1) and (2), of the Competition Act, the notification must include the information and documents specified in table K2.

(2) The notifier may request that the notification be deemed a complete notification even though some of the items of information specified in table K2 have not been supplied. Such a request must be accompanied by a statement of the grounds on which it is claimed that the information is not necessary for the consideration of the merger by the Competition Council.

(3) No later than eight weekdays after the receipt of the notification, the Competition Council shall inform the notifier whether the notification is complete. Should the Competition Council find the notification incomplete, the Council shall immediately inform the notifier of this in writing or by electronic message specifying the information required and the time-limit for its submission. Complete notification shall not be deemed to have been made until the day on which the Danish Competition Authority receives the information requested.

3.—(1) Should the Competition Council find that the notified transaction does not fall within the scope of Section 12a, cf. Section 12(1), of the Competition Act, the Council shall inform the notifier of this in writing or by electronic message. No later than four weeks thereafter, the notifier may request the Competition Council to treat the notification as a notification under Section 8(1), 9 (1) (first sentence), 11(2) (first sentence) or 11(5) of the Competition Act.

(2) If necessary, the Competition Council may require the information in the notification to be supplemented in order to assess the transaction under Sections 8(1), 9 (first sentence), 11(2) (first sentence) or 11(5) of the Competition Act. The Council shall specify a time-limit for submission of the supplementary information. The notification shall then be deemed being received at the time of the transaction being notified as a merger.

4.—(1) This Order shall enter into force on 1 July 2005.

(2) Executive Order No. 235 of 27 March 2003 on the notification of mergers is revoked.

The Ministry of Economic and Business Affairs, 15 June 2005

Bendt Bendtsen

Annex to executive Order No. 480 of 15 June 2005 on the Notification of Mergers (pdf)