Jens Munk Plum

Partner (Copenhagen)
Dir. +45 38 77 44 11
Mob. +45 21 21 00 22

Jens Munk Plum advises on competition law, state aid law, Danish and European procurement law and regulatory matters, including unfair trading practices and foreign direct investments. He is the head of our competition law practice group.

With more than 25 years’ experience advising on competition law, he has handled cases within all aspects of competition law, successfully advising both Danish and foreign businesses. This includes matters regarding abuse of dominance, including discount schemes, prices, and refusal to supply.

Jens has worked on matters relating to cartels, leniency procedures, criminal competition proceedings, and follow-on claims, and has considerable experience advising on distribution systems in Denmark and the EU, with a particular focus on online sales and the digital area as a whole.  Also, Jens has throughout a long period of time worked on matters relating to unfair trading practices.

Jens has outstanding knowledge of merger cases, both Danish and foreign, and is particularly experienced in the fields of telecommunications, finance, retail, and industrial affairs.

He has conducted cases before the CJEU, i.a. representing EY in the landmark action over the interpretation of merger standstill rules, which forced the Danish Competition Council to give up its legal action claiming infringement of said rules.

Also, Jens has been working more than 25 years with EU and Danish procurement law and has conducted a considerable number of cases before the Danish Complaints Board for Public Procurement and the courts, including the CJEU. In fact, the former established general principles for procurement law handling of rectifications on the basis of one such case. The Danish Public Procurement Act was ultimately amended to reflect these principles. 

He advises both contracting entities and suppliers across the full spectrum of the tender process. Lastly, Jens also advises on international procurement law issues, including cross-border joint purchasing arrangements.

Always adopting a pragmatic and commercial approach, his focus is on getting cases resolved as quickly and as successfully as possible, enabling clients to meet their commercial objectives.

Background

Career

  • Partner, Kromann Reumert, 2000-
  • Head of Kromann Reumert’s former Brussels office 1997-1998
  • Right of audience before the Danish High Court 1997
  • Kromann Reumert, 1990-

Education

  • Master of Laws (LL.M), Vrije Universiteit Brussels, 1994
  • Admitted to practise law 1993
  • Master of Laws (cand. jur.), University of Copenhagen, 1990
  • External examiner at the University of Copenhagen, Faculty of Law
     

Languages

  • Danish
  • English
  • German
     

Activities

  • National reporter for the European Competition Law Review (ECLR) and the Global Competition Law Review (GCLR) journals.
  • Board member of the Danish Competition Law Socierty (Dansk Forening for Konkurrenceret)
  • Chairman of the Danish Competition Law Society (Dansk Forening for Konkurrenceret), 2020-2022
  • Member of Studienvereinigung Kartellrecht
  • National adviser to the Danish Competition and Consumer Authority in the ICN network’s merger control group
  • Speaker at numerous procurement law conferences
     

Publications

  • Into the Northern Light - in memory of Steen Treumer, published by Ex Tuto Publishing, the chapter "Traktatprincipperne og undtagne kontrakter", 2022
  • Chapter on competition law in the book "Compliance for praktikere" (in English: Compliance for practitioners), published by Djøf Forlag, 2021
  • Preface to the e-Competition Special Issue "Prohibited mergers: An overview of EU and national case law", March 2021
  • Contributor to the book "2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases", 2020
  • Chapter for the book "Gun Jumping in Merger Control - A Jurisdictional Guide", re. "Gun-jumping from a Danish perspective", 2019
  • Preface to article: “Prohibited Mergers: An overview of EU and national case law" i "Concurrences", 2018 and 2020
  • "Erstatning for konkurrencelovsovertrædelser - ny lov og praksis" (“Damages in competition law infringements - new rules and practice”), Revision & Regnskabsvæsen, no. 7, 2017
  • Contributor to Chambers Global Practice guide 'Merger Control 2016'
  • "Judicial Review of competition cases – a Danish perspective", 'European Competition Law Review - ECLR', 2017
  • "Denmark", Global Antitrust Compliance Handbook, 2014
  • International Encyclopaedia of Laws: Competition Law, 2011 Denmark, and 2nd edition 2017
  • "Judicial Review from a Danish Perspective" in "Competition Law Yearbook 2013"
  • Competition Law in Denmark, Djøf Forlag, 2011
  • Chapter on Danish merger control in Merger Control Worldwide, First Edition 2005 with addenda and 2nd edition, 2012, Cambridge University Press
  • Contribution on Danish competition law in EU Competition Law Handbook, from 2015 onwards
  • Dansk Fusionskontrol (“Danish Merger Control”), Thomson A/S, 3rd edition, 2018
  • Outline: Procurement law decisions March 2012 – March 2013
  • Article in publication to commemorate Jens Fejø, 2012 - “Prøvelse af økonomiske forhold i konkurrencesager” (Trying of financial matters in competition cases), 2012
  • Co-author of Denmark chapter in “Leniency Regimes, Jurisdictional Comparisons”, The European Lawyer Ltd., 2012
  • Co-author of Denmark chapter in “The Private Competition Enforcement Review", 6th edition, 2012
  • Chapter on the Danish Public Procurement Act and the relationship to practice in the book “Udbudsloven” (“The Danish Public Procurement Act”), 1st edition, 2016
  • Chapter on possibilities and limits for changes during tender process in the book "Udbudsretten" (“Public Procurement Law”), 1st edition, 2019

High-profile cases

Jens has advised clients in a number of high-profile cases:

  • The first-ever Competition Council case alleging unlawful coordination over intermediation platform
  • EY merger with Danish KPMG and the subsequent case over alleged unlawful pre-implementation, which was won after submission to the CJEU.
  • TDC’s divestment of its Swedish and Norwegian activities and the related merger clearance
  • Advice to high-end FMCG producer on setting up a European selective distribution network
  • Merger clearance of EQT’s divestment of EG Service and EG Software
  • Merger clearance of CRH Danmark’s acquisition of RC Beton
  • Finance Denmark and the MitID project on the implementation of the successor to NemID
  • Intego’s action against NRiG on the interpretation of the Public Procurement Directive’s inhouse rules
  • Manova’s case before the CJEU on the interpretation of the the Public Procurement Directive’s rules on the correction of applications in tender processes
  • Naviair’s appeal to the Danish Complaints Board for Public Procurement over the call for tenders on a remote tower control system
  • Establishment of a dealer reporting system for an international group.

Ratings

Jens is rated in Legal500 (Hall of fame) and in Chambers Europe.

Documents

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