Recent Developments in Norwegian Competition Law

Contact: Kristin Hjelmaas Valla; Kvale Advokatfirma DA

New merger review regime applicable as of 1 January 2014 with higher filing thresholds – scrutiny of concentrations also below thresholds to be expected

Summary

  • New merger review regime applicable as of 1 January 2014 with higher filing thresholds – scrutiny of concentrations also below thresholds on a case-by-case basis to be expected
  • The NCA has imposed a substantial fine (approx. EUR 3 million)  on a Norwegian grocery retailer for breach of the standstill obligation in  a merger case. The decision raised questions regarding the interpretation of the notion of "concentration"  as  a transfer of leases was considered to amount to a "concentration"
  • Norwegian District Court reduced fine imposed in cartel case by NOK 100 million
  • The NCA has issued a statement of objections notifying it intend to prohibit a joint distribution and purchasing agreement between two of the main competitors in the Norwegian grocery market

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