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Published online by Cambridge University Press: 05 November 2014
Relevant legislation and statutory standards
The current Norwegian Competition Act was adopted by the Norwegian Parliament (the Storting) on 5 March 2004 and entered into force 1 May 2004, repealing the Competition Act 1993. In terms of both behavioural rules and merger control rules, the new Act represented a major change of Norwegian competition law, as it introduced broad prohibitions corresponding to Articles 101 and 102 of the Treaty on the Functioning of the European Union (Articles 53 and 54 of the European Economic Area (EEA) Agreement) and mandatory notification of concentrations. According to Article 1(1) the purpose of the Competition Act 2004 is to ‘further competition and thereby contribute to the efficient utilisation of society’s resources’. Article 1(2) provides that, when applying the Act, ‘special consideration shall be given to the interests of consumers’.
The substantive and procedural rules concerning control of concentrations are set forth in Chapter 4 (Articles 16–21) of the Competition Act 2004. They are complemented by general rules concerning investigations in Chapter 6 and provisions concerning sanctions in Chapter 7 of the Act. The method for calculating administrative fines for infringements of the merger control rules is set out in a Regulation adopted by the Ministry.
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