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

The Competition Act explicitly prohibits all agreements, decisions, and concerted practices between competitors which:
- directly or indirectly fix purchase or selling prices or any trading conditions (Section 10-a);
- limit or control production, markets, technical development, or investment (Section 10-b);
- share markets or sources of supply (Section 10-c);
- apply dissimilar conditions to equi …

The prohibition

The Competition Act explicitly prohibits all agreements, decisions, and concerted practices between competitors which:

- directly or indirectly fix purchase or selling prices or any trading conditions (Section 10-a);

- limit or control production, markets, technical development, or investment (Section 10-b);

- share markets or sources of supply (Section 10-c);

- apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage (Section 10-d); or

- make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts (Section 10-e).

The Competition Authority applies a de minimis exclusion. As there is no de minimis notice in Norway, the Authority typically uses the European Commission's notice to assess whether there is an appreciable restriction or effect on competition.

According to Section 10 of the Competition Act, agreements that infringe its prohibitions are automatically void.

  Pursuant to Section 10 of the Competition Act, the Norwegian Competition Authority (NCA) may grant an individual exemption where the agreement, decision, or concerted practice contributes to improving the production or distribution of goods or to promoting technical or economic progress.

  To benefit from this exception a fair share of the resulting benefit must be passed to consumers, the restriction must be indispensible to the attainment of these objectives, and the concerned undertakings must not have the possibility of eliminating competition in respect of a substantial part of the products in question.

  Pursuant to Section 3 of the Competition Act, the King may by regulation exempt certain markets or industries from the prohibition contained in the Competition Act (block exemptions). Block exemptions have been adopted for vertical agreements (June 2010), specialization agreements (April 2012), vertical agreements and concerted practices in the motor vehicle sector (August 2010) and research and development agreements (April 2012).

Global Competition Law

1173. The prohibition

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Les notions juridiques connexes

1173. The prohibition

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise