All posts tagged Norwegian Competition Act
Significant higher filing thresholds for notifications of concentrations, increased incentives to apply for leniency, and introduction of commitment decisions as a tool in behavioural cases are the most notable changes to the Norwegian Competition Act – that will enter into force 1 January 2014.
Clarification on the mandatory merger filing obligation in the transition to new turnover thresholds in the Competition Act
According to the current Competition Act concentrations shall be notified to the Norwegian Competition Authority (“NCA”) if the undertakings concerned have a combined annual turnover in Norway exceeding NOK 50 million, and at least two of the said undertakings have an annual turnover in Norway exceeding NOK 20 million. From 1 January 2014 the turnover thresholds will be increased to NOK 1 billion (approximately 128 million euro) and NOK 100 million (approximately 12.5 million euro) respectively.
In June 2012, The Norwegian Competition Authority (“NCA”) announced a draft on new guidelines regarding tendering and project agreements. Several competition lawyers have questioned whether the draft guidelines are expressing an incorrect interpretation of Section 10 of the Norwegian Competition Act (equivalent to Article 53 of the EEA Agreement and TFEU Article 101). The guidelines are yet to be adopted, which may indicate that the NCA will await the outcome of a case pending in the Norwegian court system.