Competition Law at Faroe Islands (Denmark)

Here’s an overview of Competition Law in the Faroe Islands:

Competition Law in the Faroe Islands

The Faroe Islands are a self-governing territory within the Kingdom of Denmark. They have their own legal system and competition rules, which are separate from Danish and EU competition law because the Faroe Islands are not part of the EU.

Key Features:

1. Legal Framework

Competition law in the Faroe Islands is governed by the Competition Act (Konkurrenceloven) enacted in 2007.

The Act aims to promote competition and prevent anti-competitive behavior in the Faroese market.

2. Competition Authority

The Competition Authority of the Faroe Islands (Konkurrencemyndugleikin) is responsible for enforcement.

The Authority investigates anti-competitive agreements, abuse of dominant position, and merger control.

3. Prohibited Practices

Cartels and anti-competitive agreements: Price fixing, market sharing, bid rigging.

Abuse of dominant position: Practices that restrict competition or exploit consumers.

Merger control: Transactions that may significantly reduce competition must be notified and approved.

4. Merger Control

Mergers and acquisitions that may substantially lessen competition in the Faroese market require approval.

Notification thresholds relate to turnover and market impact but are generally tailored to the small size of the Faroese market.

5. Sanctions

The Authority can impose fines and require behavioral or structural remedies.

Penalties are designed to deter anti-competitive behavior in a relatively small market.

6. Relationship with Danish and EU Law

The Faroe Islands are not part of the EU and are not subject to EU competition rules.

Danish competition law applies only within Denmark proper, not in the Faroe Islands.

However, businesses in the Faroe Islands trading with the EU or Denmark may be subject to EU or Danish rules in those jurisdictions.

Summary Table

AspectFaroe Islands
Main LawCompetition Act (2007)
Competition AuthorityCompetition Authority of the Faroe Islands
CartelsProhibited and sanctioned
Abuse of DominanceProhibited
Merger ControlRequired for significant transactions
Relation to EU LawNot subject to EU competition rules

 

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