EU and Competition

Our expertise

We have specialised in providing practical and implementable advice to our clients on all issues relating to Danish and EU competition law, procurement law, state aid and general EU law. We represent our clients in matters before the competition authorities in Denmark and the EU and frequently litigate cases before the Danish courts of law and the EU Courts in Luxembourg.

We assist and act for clients across a variety of industries, including financial institutions, shipping and maritime companies, pharmaceutical companies, building and construction enterprises, manufacturers of consumer goods as well as companies in the sectors of energy, insurance, media, real estate, retail, software and computers, sports and entertainment, telecommunications, technology and electronics, transport and utilities.

About our services

The specialists in our competition law team bring a wealth of experience from landmark cases in Denmark and the EU. We combine our experience in handling complex legal issues with a broad commercial outlook, and our work meets the highest professional standards. We make sure that we are always available to our clients. In addition, we have a well-established and comprehensive international network of lawyers and other professional advisers.

On top of that, we have set up an Economic Analysis group. Our economists assist with expert knowledge in the areas of e.g. merger assessment, merger control, civil liability cases and financial aspects in the fields of procurement and state aid. The close cooperation between our competition law team and our Economic Analysis group enhances the understanding of the interaction between the law and economics.

Furthermore, we specialise in all aspects of EU law. The regulatory development in this area continues to accelerate and is becoming increasingly complex, and EU law affects the daily lives of virtually all businesses, regardless of whether it comes to the traditional EU principles of free movement or the more sector-specific regulation in areas such as information technology, taxation or the environment and the climate. To meet these challenges, we have set up a dedicated team of highly qualified lawyers with extensive experience in this field, including former Advocate General at the European Court of Justice, Henrik Saugmandsgaard Øe. This gives us unique insight into the workings and methods of interpretation of the European Court of Justice. Where necessary, we work together across our practice groups to ensure that our advice is always of the highest quality.

Meet the team

We advise on

Our competition law team advises on a wide range of issues:

• Merger notifications to the competition authorities
• Competition law due diligence, including of supplier/cooperation contracts
• Foreign direct investment (FDI) screening
• FSR notifications to the European Commission

We work closely with our Corporate/Mergers & Acquisitions team and assist with the assessment of potential merger notifications in transactions. Our team handles merger filings in Denmark and the EU and arranges for the coordination of multiple filings worldwide in collaboration with the most competent lawyers in the relevant jurisdictions.

Agreements and dominant undertakings

Gorrissen Federspiel’s competition law team has many years of experience advising on:

• issues related to the prohibition of anti-competitive agreements
• drafting of agreements with for instance distributors and agents
• reflections on the structuring of cooperation agreements
• preparation of compliance programmes
• prohibition of abuse of dominant position, including advice on pricing and discount policies
• competition litigation, including competition damages claims
• inspections by the authorities (dawn raids)

Our team assists our clients in dawn raids whether conducted by the EU or the Danish competition authorities, and we represent our clients before the competition authorities in both Copenhagen and Brussels. We also represent companies in litigation before the Danish courts of law and the European Courts in Luxembourg, including in relation to damages claims based on breach of the competition rules.

Procurement

Our team has specialised in the handling of EU procurement cases and has extensive experience in:

• advising potential bidders
• advising contracting authorities, including preparing tender documentation and providing ongoing guidance during the tender process
• advising contracting authorities on potential tendering requirements to invite offers in the context of restructurings
• representing complainants and contracting authorities before the Complaints Board for Public Procurement

Foreign Subsidies Regulation (FSR)

The EU Foreign Subsidies Regulation (FSR) grants the European Commission extensive powers to counter foreign subsidies distorting the EU internal market. Our FSR team assists both Danish and foreign clients, including foreign law firms, with specialised advice within the area, including merger and public tender notifications.

General EU law

Our EU law team assists both Danish and foreign clients, including foreign law firms, with specialised advice in connection with for instance:

• the free movement, including discrimination and restriction
• the significance and application of the EU Charter of Fundamental Rights
• interpretation of the content and scope of directives, regulations and the EU Court of Justice’s judgments across practice groups, including in matters relation to the implementation into national law
• litigation of cases before the Danish courts of law where EU law is a fundamental element, including EU law principles such as the primacy of EU law, effectiveness and proportionality
• litigation of cases before the EU Court of Justice, including advice on independent procedural issues
• state aid, including the risk of recovery claims

Ratings

“The team is state-of-the-art legally and with very strong competencies in surrounding areas such as economic analysis or industry specific knowledge and the ability to integrate them.”
Chambers Europe, 2023

“The lawyers involved have a unique ability to understand how the complex legal issues at stake should be handled in the context of the different decisions being taken.”
Chambers Europe, 2023

“An unrivalled team with competencies and experience that supplement each other well. The team has breadth and expertise which is an essential part of what makes the team outstanding.”
Legal 500, 2023