IDEAL Law Firm is among the few law firms in Southern Denmark that has considerable experience in preparing merger notifications to the Danish Competition and Consumer Authority.
We have assisted with large mergers and acquisitions, which were subject to notification to the Competition and Consumer Authority and which required the approval of the Competition Council before being implemented.
Merger notifications are part of a highly specialised field, which has become very relevant following the most recent competition act that entered into force on 1 October 2010. After implementation of the new act, a much larger number of mergers and acquisitions is covered by the rules on merger control.
The basis for the rules is that there is a political wish to improve the powers of control over large mergers, especially in cases where the participating businesses have an aggregate annual turnover of at least DKK 900 million and where the participating businesses each has an annual turnover of at least DKK 100 million. Thus, mergers and acquisitions that are deemed to have a detrimental effect on competition should to a larger degree be prevented or, alternatively, the businesses in question should undertake commitments in order to accommodate the concerns identified by the Competition Council.
Thus, the business community must get used to factoring in competition-law merger control in the planning of a transaction.
We participate in the preparation of notifications to the Competition and Consumer Authority, and we represent the clients in negotiations with the Competition and Consumer Authority if the merger cannot be approved by the Competition Council unless the parties undertake commitments to sell of strategic assets, implement incentive terms, etc.
Intellectual property law
Intellectual property law concerns the legal protection of intellectual creations, for example art, photos, literature, inventions, design and distinctive marks. Intellectual property law includes a number of important acts, such as the Copyright Act, the Patents Act, the Designs Act, the Utility Models Act and the Trade Marks Act, which all ensure that the creator or inventor obtains exclusive rights.
The marketing act provides rules on the behaviour of businesses towards consumers and other businesses. These rules deal with, among other things, failure to comply with fair trading practices, misuse and protection of trade secrets as well as prohibition of unfair marketing.