Denmark updates

Competition & Antitrust

Contributed by Gorrissen Federspiel
Digital companies under increased scrutiny
  • Denmark
  • 17 September 2020

As digital platforms become increasingly popular, new competition law concerns are arising both nationally and globally. Denmark has seen several recent cases in which the competition authorities have found that digital platforms infringed competition law. Providers of services acquired via digital platforms (eg, cleaning or accounting) risk infringing competition law if they are not wary of the general terms and conditions used by the platform.

Pharmaceutical distributor found guilty of excessive pricing
  • Denmark
  • 16 July 2020

The Maritime and Commercial High Court recently found that a pharmaceutical distributor had abused its dominant position in Denmark by charging excessive prices (a price increase of 2,000%). The pharmaceutical sector has received increased scrutiny from the competition authorities in recent years. The case is particularly relevant to the application of competition law during the COVID-19 crisis, as even short periods of dominance are sufficient to establish abuse of a dominant position.

Western High Court judgment on simplified notifications in merger control
  • Denmark
  • 14 May 2020

The Western High Court recently upheld a Danish Competition and Consumer Authority (DCCA) decision on merger notification forms. As a result of this ruling, even if a merger meets the criteria for simplified notification, the DCCA can require a standard notification if it cannot determine that no competition concerns will arise based solely on the simplified notification.

Merger control time limit suspension extended
  • Denmark
  • 30 April 2020

On 16 March 2020 significant parts of Denmark's public administration were shut down as a result of the COVID-19 pandemic. Although the shutdown has begun to ease up, the merger control time limit suspension remains and has been extended by executive order until 10 May 2020.

DCCA enforcement: merger control suspended
  • Denmark
  • 02 April 2020

As the COVID-19 pandemic spreads across Denmark, merger control has come to a temporary standstill and significant parts of the country's public administration have already been shut down for three weeks. However, the Danish competition authorities are adamant that competition law remains in force and will prioritise enforcement against companies that take advantage of the current situation through illegal behaviour, such as coordinating prices or limiting the production of certain goods.


Employment & Immigration

Contributed by Norrbom Vinding
Employer discharges heavy burden of proof at Supreme Court
  • Denmark
  • 14 October 2020

Under the Act on Equal Treatment of Men and Women, if an employee is dismissed while on pregnancy or maternity leave, the employer will have the onus of proving that the dismissal was not in any way connected to these circumstances. But what does it take for an employer to discharge the reversed burden of proof? The Supreme Court recently decided this issue.

Control measures: duty to provide information and transparency
  • Denmark
  • 07 October 2020

The Data Protection Agency recently completed five inspections which focused on employers' duty to provide information when using control measures to monitor employees. The decisions emphasise that employers should be diligent in informing employees about measures that allow the monitoring of employees and, to the greatest extent practicable, ensure that the information required by Articles 13 and 14 of the EU General Data Protection Regulation is given to employees in an easily accessible form.

COVID-19: tripartite agreement on new work distribution scheme
  • Denmark
  • 30 September 2020

The government and the social partners recently agreed to establish a new temporary work distribution scheme in order to prevent dismissals. Based on the tripartite agreement, a new work distribution scheme will be established by statute and all employers will be able to use this scheme. Employers may still apply the existing work distribution rules but not concurrently with the new rules.

Sickness benefit period extended for employees at higher risk of COVID-19
  • Denmark
  • 23 September 2020

The government and parliamentary parties recently passed a bill to provide sickness benefits to employees who are at a higher risk of becoming seriously ill from COVID-19 or the relative of a person in the higher-risk group. The scheme originally applied to absences up to and including 31 August 2020, but the government and a majority in Parliament have now agreed to extend the scheme on the same terms up to and including 31 December 2020.

Access to work emails: can a request to access data be too extensive?
  • Denmark
  • 09 September 2020

Under the EU General Data Protection Regulation, data controllers must provide data subjects with access to all of the personal data that the data controller processes about them if the data subject requests it. In a recent case, the Data Protection Agency considered whether an employer was entitled to refuse to provide access to all of the contents of a former employee's work email account.


Energy & Natural Resources

Increased focus on geothermal energy
  • Denmark
  • 02 March 2020

Geothermal energy has long been used for district heating in Denmark, but lately political and industry interest therein has been on the rise. This has resulted in an increase in applications to explore for and produce geothermal energy. Since 2017, five new exploration licences have been granted and five additional licences are currently being assessed by the Danish Energy Agency. Geothermal energy will help to fulfil the political goal of a carbon-neutral Denmark by 2050.

Uncertainties regarding eighth tender for oil and gas exploration in Danish North Sea
  • Denmark
  • 25 November 2019

The Ministry of Climate, Energy and Utilities recently invited companies to take part in the eighth Danish licensing round for oil and gas exploration and production in the Danish North Sea. Licences were expected to be issued this summer, but political pressure on the government elected in June 2019 means that the eighth licensing round's future is uncertain.

New government announces climate and energy plan
  • Denmark
  • 05 August 2019

The new government has raised the bar for climate and environmental goals with the aim of making Denmark the world leader in the transition to renewable energy. The government's climate plan calls for a significant focus on the use of wind energy and a new agreement goes even further than the 2018 energy agreement, with plans for an offshore energy island with a capacity of at least 10GW.

New 800MW to 1000MW offshore wind farm up for tender
  • Denmark
  • 01 April 2019

The signatories to the Energy Agreement recently decided the location of the first of three new offshore wind farms that will be put up for tender. Unlike previous projects in which the government was responsible for developing the offshore site and preparing the grid connection, the new wind farm will be procured through a procedure in which the winning tender will be responsible for developing and preparing the grid connection.


Environment & Climate Change

Climate proposal has implications for transport sector
  • Denmark
  • 17 December 2018

The Danish Energy Agency estimates that Denmark must reduce its greenhouse gas emissions by between 32 million and 37 million tons by 2030 to reach its EU climate goals. To this end, the government recently published a new proposal regarding climate and air policy. The proposal contains 38 specific initiatives and mainly addresses the transport sector, agricultural production, shipping and green transitioning in housing and industry.


Insurance

Contributed by WSCO Advokatpartnerselskab
Recharge of sum insured: whose duty and what are the consequences of failing to do so?
  • Denmark
  • 06 October 2020

In a recent ruling on the recharge of the sum insured in a project liability insurance policy, the Danish Building and Construction Arbitration Board ruled that the obligation to recharge was incumbent on the policyholder (adviser), regardless of whether the client had requested it or not. This article examines the ruling and highlights the conditions that parties should be aware of when refilling.

What should companies do if they have claims against a bankrupt tortfeasor?
  • Denmark
  • 18 August 2020

This article provides options for companies which have a claim against a bankrupt tortfeasor and discusses Section 95 of the Insurance Contracts Act, which gives creditors the right to raise a claim directly against a tortfeasor's insurer. However, this right is forfeited if the applicable deadlines are not met.

Putting out fires: hot work and insurance coverage for fire damage
  • Denmark
  • 30 June 2020

The execution of 'hot work' (ie, work which carries the risk of fire) often results in fires. Therefore, anyone who executes or arranges for the execution of hot work should be aware of how damages and possible liability for damages can be avoided. Hot work insurance policies should also be thoroughly examined. This article highlights the rules that craftspeople, contractors and clients must consider before and during the execution of hot work, as well as the associated liability issues.

Smooth sailing? Jurisdiction agreements in yacht insurance contracts
  • Denmark
  • 23 June 2020

A new ruling determines that prorogation of jurisdiction can be validly agreed in a yacht insurance contract, even where consumer interests are concerned and the contract requires that legal proceedings be brought in a court in the insurer's home country. Pursuant to the ruling, a private policyholder who is an EU citizen and purchases boat insurance in another EU country is bound by the jurisdiction agreement in the insurance contract.