Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

In Norway two parallel sets of antitrust laws apply:
- Act No 12 of 5 March 2004 on competition between undertakings and control of concentrations, ("the Competition Act") which was subject to major overhauls in June 2013 and April 2016; and
- the competition rules of the Agreement on the European Economic Area (EEA Agreement) of 1 January 1994, implemented through Act No 11 of 5 March 2004 ("the  …

Context

In Norway two parallel sets of antitrust laws apply:

- Act No 12 of 5 March 2004 on competition between undertakings and control of concentrations, ("the Competition Act") which was subject to major overhauls in June 2013 and April 2016; and

- the competition rules of the Agreement on the European Economic Area (EEA Agreement) of 1 January 1994, implemented through Act No 11 of 5 March 2004 ("the EEA Competition Act").

The relationship between national and EEA law is the same as that between EU competition rules and Member States competition laws. Thus, as regards the Norwegian national market, the applicable competition law will normally be Act No 12. For EEA competition rules to apply there must be an appreciable effect on competition and cross-border trade within the EEA. In the event of a conflict between the Norwegian Competition Act and the EEA rules, the latter take precedence. The Norwegian Competition Authority has the power to apply Articles 53 and 54 EEA (which are a carbon copy of Articles 101(1) and 102 of the TFEU) since the EEA Competition Act of 2004. For an overview of the EEA rules, please refer to the commentary regarding Liechtenstein.

Norwegian law is partly harmonized with EU competition rules, and basically seeks to control the same types of anticompetitive conduct. The June 2013 and April 2016 reforms sought to strengthen harmonization with EU law and the EU Commission's practices and to streamline procedures.

Finally, an agreement between Denmark, Iceland and Norway on cooperation in competition cases came into effect on 1 April 2001 (Sweden joined in 2003). An enlarged Nordic cooperation agreement was entered into 8 September 2017, this time including Iceland, Finland, Sweden, Denmark and Norway. The agreement streamlines the cooperation of the competition authorities of its member countries through notifications and information exchange on on-going antitrust investigations and merger control issues. The Nordic competition authorities can also submit official requests for information on each other’s behalf as well as assist each other in the conduct of dawn raids. 

  The Norwegian Competition Act applies to all agreements, actions and practices that are capable of affecting the Norwegian market regardless of whether the participating undertakings are based in Norway or abroad (Section 5). Further, pursuant to Section 2, the Act applies to all kinds of commercial activity, irrespective of whether it is carried out by private or public bodies.

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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