The Konkurrence- og Forbrugerstyrelsen (Danish Competition and Consumer Authority) has entered a period of heightened enforcement. Investigations are broadening across sectors, penalty calculations have become more demanding, and merger notification scrutiny has intensified. International companies operating in Denmark face real exposure if internal compliance programmes have not kept pace.
Denmark's competition authority has sharpened enforcement of competition legislation in 2025, with a specific focus on cartel conduct, market dominance abuse, and merger notification thresholds. Companies exceeding the prescribed turnover thresholds must notify transactions before completion. Penalties for non-compliance are calculated as a proportion of the undertaking's total annual turnover and can be substantial.
This alert covers which business categories are now most at risk, the compliance deadlines that apply, and the immediate steps your organisation should take.
What has changed and why it matters now
Denmark's competition authority has publicly stated that enforcement of competition legislation is a strategic priority for 2025 and into 2026. The authority has expanded its investigative capacity and is deploying more intrusive dawn raid procedures. It is targeting digital markets, professional services, and infrastructure sectors.
The authority's approach to market dominance cases has shifted. Previously, investigations often concluded with remedies short of financial penalties. More recent decisions have moved toward direct fines combined with behavioural conditions. Companies holding dominant positions in Danish markets should treat this as a material change in enforcement risk.
On cartel conduct, the authority has signalled that it will pursue cases involving information exchange and pricing coordination – even where no formal cartel agreement is documented. This is consistent with broader EU enforcement trends under the European Competition Network. Companies relying on industry association activities to share commercial data are particularly exposed.
Merger notification rules under Danish competition legislation have also attracted closer attention. The authority has reviewed several transactions where parties argued that turnover thresholds were not met. In a number of those cases, the authority challenged the parties' threshold calculations and asserted jurisdiction. International acquirers with Danish target revenues close to the notification threshold should not assume a borderline calculation will go uncontested.
For companies already under investigation or facing related corporate disputes in Denmark, the interaction between competition proceedings and civil liability exposure has become more significant. Private damages claims in Danish courts have increased in the wake of authority findings.
Who is affected and what the thresholds require
This enforcement shift directly affects three categories of international business operating in Denmark.
Category 1 – Companies with market dominance. Any undertaking that holds a dominant position in a relevant Danish market – or a substantial part of it – is subject to prohibition on abusive conduct under competition legislation. The authority will assess dominance on a case-by-case basis. Indicators include high market share, control of essential infrastructure, and barriers to entry. Companies in digital platforms, logistics, energy distribution, and professional services are among those under active review.
Category 2 – Undertakings involved in horizontal coordination. Businesses participating in trade associations, joint purchasing arrangements, or sector-wide benchmarking programmes face heightened scrutiny. Even indirect forms of coordination – sharing information that allows competitors to align prices or output – may trigger a cartel investigation. The authority has made clear that good-faith reliance on industry norms is not a defence.
Category 3 – Parties to M&A transactions in Denmark. Merger notification is mandatory when the combined turnover of the parties in Denmark exceeds the thresholds prescribed by competition legislation. The authority has been particularly attentive to transactions in the technology and healthcare sectors. Parties should also note that the authority retains discretion to investigate acquisitions below the standard thresholds if competitive harm is reasonably foreseeable.
The leniency programme operated by the authority remains available to companies that have participated in cartel conduct. An undertaking that is first to disclose a cartel and cooperates fully may receive full immunity from fines. Subsequent applicants may receive reductions. Acting promptly is essential – the immunity slot is available only to the first qualifying applicant. Companies with any historical exposure to coordinated conduct should assess their position before a competitor approaches the authority.
To receive an expert assessment of your competition law exposure in Denmark, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The following steps should be addressed without delay by any international company with a Danish business presence.
- Audit internal pricing and data-sharing practices. Review any regular exchanges of commercially sensitive information with competitors – including via trade associations. Document the legal basis for each exchange and discontinue any that cannot be clearly justified.
- Assess market position in relevant Danish segments. If your Danish market share is significant in any product or geographic segment, commission a formal dominance assessment. Identify any conduct that could be characterised as exclusionary or exploitative under competition legislation.
- Review pending and pipeline M&A transactions. Recalculate Danish turnover figures for any transaction approaching the merger notification threshold. Do not rely solely on headline revenue figures – the authority scrutinises how turnover is attributed across group structures.
- Evaluate leniency programme eligibility. If there is any internal evidence of historic cartel conduct, obtain legal advice immediately on whether a leniency application is appropriate. The window for full immunity closes once the authority launches its own investigation.
- Update internal competition compliance training. Ensure that commercial and procurement teams operating in Denmark understand current enforcement priorities. Policies drafted under an older enforcement climate may no longer reflect the authority's current expectations.
For a tailored compliance strategy covering competition law obligations in Denmark, reach out to info@ferrazwhitmore.com.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising clients on competition law matters across 46 jurisdictions. Our team combines Portuguese civil law expertise with English common law tradition to deliver cross-border advice on cartel investigations, market dominance assessments, and merger notification procedures. We advise international businesses, institutional investors, and in-house legal teams facing competition authority actions in Denmark and across the EU. Engaging a lawyer in Denmark with cross-border competition experience is essential when enforcement risk spans multiple markets simultaneously. As an international law firm in Denmark-related matters, Ferraz & Whitmore coordinates with local counsel to manage dawn raid responses, leniency applications, and follow-on damages proceedings. Our competition practice covers enforcement across European and international markets, with direct experience before the European Commission and national competition authorities. For details of our full competition law offering, see our competition law services in Denmark. To discuss your situation, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.