konkurrencehensyn

Konkurrencehensyn is a term used in Danish competition policy and law to describe the aim of preserving and promoting competitive markets. It refers to the consideration of how decisions, rules, and measures affect competition among businesses, and to weigh those effects against other objectives. The concept is applied across areas such as competition law enforcement, regulation, mergers and acquisitions, and public procurement.

In practice, konkurrencehensyn involves assessing whether a practice or agreement unduly restricts competition or harms consumer welfare. Authorities look at potential anti-competitive effects such as market restriction, price effects, or barriers to entry, and compare these against possible benefits like efficiency, innovation, or service quality. Interventions are guided by principles of legality, proportionality, and necessity, and are shaped by the aim of maintaining a dynamic and competitive market.

Within public procurement, konkurrencehensyn emphasizes fostering contestability and fair bidding. Tender procedures should be designed to maximize competition, for example by using open procedures, clear criteria, and non-discriminatory access. When restrictions are considered, they must be justified as proportionate and essential to achieve legitimate objectives, and not go beyond what is necessary to meet those aims.

Konkurrencehensyn interacts with other policy goals, such as efficiency, safety, and sustainability. It is implemented through national competition authorities and is aligned with EU competition rules, which insist on non-discrimination, transparency, and objective criteria. While it guides decision-making, it does not override lawful objectives; rather, it seeks a balanced approach that protects competitive markets while allowing legitimate public interests to be pursued.