Daniel Barry

Daniel focuses primarily on complex competition law litigations, including Danish and EU cartel and abuse cases, and Danish and multi-jurisdictional damages cases.

He is one of the only Danish lawyers to have participated in both the European Commission's leniency programme and its settlement procedure. He advised on the largest and most complex abuse case ever seen in Denmark, which is also one of the few cases where the competition authority's infringement decision was ultimately set aside. He was also involved in the first ever Danish case where the European Commission submitted written observations to a national court, and one of the few cases in the EU in which the Commission also made an oral statement.

Daniel has handled several damages actions relating to cartels, abuse of dominance and other anticompetitive agreements. His experience spans both follow-on and stand-alone actions, both in Denmark and abroad. Highlights include successfully representing the defendant in the largest and most complex competition law damages action ever brought in Denmark, involving more than 1,000 claimants and a total claim exceeding DKK 11.5 billion. He has also filed multiple negative declaratory actions, known as "torpedoes", a tactic not previously used in Danish competition law cases.

Daniel also advises on M&A matters, including Danish and EU merger notifications, multi-jurisdictional merger notification coordination, and M&A related competition law issues, as well as on Foreign Direct Investment (FDI) and Foreign Subsidies Regulation (FSR) matters.

Furthermore, Daniel advises on the Platform-to-Business Regulation (P2B) and the rules on unreasonable trading practices in the food supply chain (UTP).

Daniel always works in teams to achieve the best possible results for clients. In most cases, this includes both other lawyers and economists from Plesner's in-house team of economists.

Daniel is admitted to appear before the High Courts of Denmark.

Selected cases

• Successfully defended Ørsted in a multi-billion-DKK damages case concerning excessive pricing
• Represented Ørsted in successful appeal against DCCA decisions on excessive pricing
• Represented Danfoss in cartel investigations by the EC and multiple NCAs
• Represented Danfoss in multiple cartel-related damages cases
• Experience with the EC's leniency programme and settlement procedure
• Experience filing multiple negative declaratory actions ("torpedoes") in Denmark
• Represents global truck manufacturer in multiple cartel-related damages cases
• Represented Meta (Facebook) in the first ever Danish case regarding infringement of the P2B Regulation
• Represented Diesel Motor Nordic in appeal of DCCA decision to the Supreme Court
• Experience with the EC submitting written and oral observations to a national court
• Represented Diesel Motor Nordic in criminal case concerning anti-competitive agreement
• Assisted Sampo with FDI approval for public takeover of Topdanmark
• Assisted Volvo Trucks obtain unconditional approval in phase II of Titan acquisition
• Assisted LEO Pharma with merger control and FDI relating to Nordic Capital partnership
• Represented HTS Besafe in investigation concerning resale price maintenance
• Assisted Tryg with multi-billion-pound acquisition of parts of RSA Insurance Group
• Represented Nissan Nordic in damages case on access to a selective distribution system
• Represented defendant in damages case on alleged predatory pricing in financial sector
• Represented clean-energy firm in case on repayment claim of alleged over-compensation (state aid)
• Represented international home electronics firm in damages case relating to CRT cartel
• Assisted Weber-Stephen Nordic with implementation of selective distribution system
• Assisted Novo Holdings with merger filings for its investment in ERT with Nordic Capital