Merger control traditionally means a business acquisition must be notified to the Danish Competition and Consumer Authority once the parties' revenue exceeds certain thresholds. But Denmark has introduced so-called "call-in" powers, allowing the authorities to intervene even when the normal thresholds aren't met.

What is a "call-in" power?

In short: the Danish Competition and Consumer Authority can call in an acquisition for review, even if the parties are below the usual revenue thresholds, if there's reason to believe the deal could significantly harm competition. The power is aimed particularly at cases where acquiring a smaller but strategically important competitor (e.g. a promising startup) would otherwise fly under the radar.

What does it mean for your sale?

For most small and medium-sized business sales, nothing changes — the call-in power is rarely used and is aimed at cases with real competitive significance. But if you're in an industry with few, large players, or selling to a buyer who already has a strong market position, you and your advisor should be aware of the risk.

The difference from regular merger control

The regular, revenue-based notification requirement is still the main rule — see our general overview in Merger Control: When Must an Acquisition Be Notified?. The call-in power is a supplement that's rarely activated, but it means "we're below the thresholds" is no longer a 100% guarantee that a deal can't be reviewed.

What should you do as a seller?

If you suspect your business or industry could be relevant, discuss it early with your advisor — ideally before a letter of intent (LOI) is signed, so a potential delay doesn't catch either party off guard.

Frequently asked questions

Do the call-in rules affect ordinary SME deals?

In the vast majority of cases, no. The rules are aimed at cases with real competitive significance, not ordinary owner-to-owner sales.

Who decides whether a case should be called in?

The Danish Competition and Consumer Authority, which continuously monitors the market and can reach out if a specific deal is deemed relevant.

Can the deal be delayed by this?

Yes, in the rare cases where a case is actually called in, it can extend the process. That's another reason to clarify any competition-law risks early on.

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