DENMARK Law and Practice Contributed by: Thomas Maaberg Hansen and Peter Sand, Gorrissen Federspiel
sector, for breaches of competition law. The DCCA may open investigations if the undertaking enters into agreements that restrict competition or if a dominant undertaking abuses its dominant position. 7.2 Triggers for Investigation Generally, investigations are initiated on basis of a suspected breach or violation. However, companies who have a licence to manufacture war material under the Danish War Material Act must annually send spe - cific information to the State’s arms control, including (but not limited to): • the quantity, type and proportion of turnover accounted for by the war material manufactured during the financial year; • the parties to whom war material was supplied dur - ing the financial year; • the order book for war material at the end of the financial year; and • the stock of war material at the end of the financial year. Procurement Law An examination of the legality of all or part of a pro - curement process is typically triggered by a competi - tor filing a complaint with the CBPP. Competition Law Investigations by the DCCA are typically triggered by information received from a competitor, customer, or other party alleging a possible infringement or by the authority opening a case on its own initiative. Cases can also arise from a voluntary self-report made in exchange for immunity or a reduction of fines (a leni - ency application). 7.3 Investigative Powers and Procedures Denmark has no dedicated investigative regime for the defence sector. Breaches of procurement rules, export controls, sanctions, or national security obli - gations are investigated under the ordinary powers of the Danish Administration of Justice Act, which apply across all Danish criminal procedure. This includes the Danish Security and Intelligence Service and the Dan - ish Defence Intelligence Service, which conduct their investigations under the same statutory framework as the rest of the criminal justice system. These powers
are supplemented by sector-specific inspection tools available to regulators such as the Danish Business Authority and DALO. Competition Law In the event of an investigation under the Danish Competition Act ( Konkurrenceloven ), the DCCA can request all information necessary for its investigation. Failure to comply can be met with fines. This is not unique to the defence sector. Procurement Law The DCCA and the CBPP can request all information necessary to assess whether the procurement rules have been complied with. Likewise, failure to com - ply can be met with fines. This is not unique to the defence sector. 7.4 Dawn Raids and Unannounced Inspections Obligations Under the Danish Competition Act, the DCCA can conduct unannounced inspections at the premises of a company (dawn raids). A court order must have been obtained in advance and proper identification must be presented. Failure to comply with the DCAA’s requirements can be met with fines. Rights The DCCA’s right to obtain and examine information is limited by legal professional privilege (see 7.5 Legal Professional Privilege and Confidentiality ) and self- incrimination rules. Investigations Carried Out by Other Authorities The EC may also carry out unannounced investiga - tions. Generally, the same rules apply; however, there are certain differences. 7.5 Legal Professional Privilege and Confidentiality Parties are generally not required to hand over legal professional privileged documents. Protection is sub - ject to the condition that the document was prepared solely for the purpose of obtaining legal advice from an external lawyer to exercise the right of defence.
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