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The Competition Authority
Ministry of Trade and Industry

Courtesy translation. Only the Danish text is authentic.

Executive order No. 894 of 21 September 2000 on the notification of mergers

Pursuant to section 12 b (3) of the Competition Act, cf. Consolidated Competition Act no. 687 of 12 July 2000, it shall be laid down:

Notification

1.-(1) Pursuant to section 12 b (1) or section 12 c (7) of the Competition Act, notification of a merger shall be submitted by one or more of the undertakings participating in the merger.

(2) In connection with notification under subsection (1), notification form K2, attached as an appendix to this executive order, must be used. Accompanying documents shall be enclosed in triplicate.

2.-(1) The notification must include the information and documents indicated in the notification form K2 in order to constitute a complete notification under section 12 d (1) and (2) of the Competition Act.

(2) The notifying party may request that the notification be considered equal to a complete notification even if some of the information required in the notification form K2 is not submitted. A request of this kind must be accompanied by reasons why the information is not necessary for the Competition Council’s assessment of the merger.

(3) Not later than 10 days upon receipt of the notification, the Competition Council shall communicate whether the notification is complete. If the Competition Council decides that a notification is incomplete, the Council shall immediately inform the notifying party in writing and establish which information must be submitted and the time-limit for this. Complete notification shall not be considered submitted until the day when the Competition Authority has received the information requested.

3.-(1) If the Competition Council finds that the transaction notified is not subject to section 12 a, cf. section 12 (1) of the Competition Act, the Council shall inform the notifying party in writing. Not later than four weeks thereafter may the notifying party request that the Competition Council consider the notification as a notification under section 8 (1), section 9, section 11 (2) or section 11 (5) of the Competition Act.

(2) The Competition Council may require that the information included in the notification be supplemented if this is necessary for the assessment of the transaction under section 8 (1), section 9, section 11 (2) or section 11 (5) of the Competition Act. The Council shall decide a time-limit for the submission of the supplementary information. In that case, the notification shall be considered received at the time when the transaction was notified as a merger.

Commencement

4.-(1) This executive order shall come into force on 1 October 2000.

(2) Executive order no. 461 of 23 June 1998 on rules governing notification to the Competition Authority of mergers, takeovers and amalgamation of undertakings shall be repealed.