Norway 2004: Difference between revisions
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JWSchneider (talk | contribs) New page: '''Score = ????''' ''Governed by:'' The Competition Act of 2004, Act of 5 March 2004 No. 12 on competition between undertakings and control with concentrations (including amendments in Ac... |
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'''Score = | '''Score = 17''' | ||
''Governed by:'' The Competition Act of 2004, Act of 5 March 2004 No. 12 on competition between undertakings and control with concentrations (including amendments in Act of 17 December 2004 No. 100). | ''Governed by:'' The Competition Act of 2004, Act of 5 March 2004 No. 12 on competition between undertakings and control with concentrations (including amendments in Act of 17 December 2004 No. 100). | ||
| Line 11: | Line 11: | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | §5 extends the Act's reach to firms outside Norway's borders. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 1 | ||
| | | §§28-29 give the Competition Authority the power to impose fines. | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| | | 1 | ||
| | | §31 allows for imprisonment. | ||
|- | |- | ||
| | | | ||
| Divestitures | | Divestitures | ||
| | | 1 | ||
| | | §12 gives the Competition Authority the power to make "structural" changes to dominant firms where behavioral changes would not work. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 59: | Line 59: | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | §18 requires notification. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | Pre-merger | ||
| | | 2 | ||
| | | §18 requires notification before the merger takes place. | ||
|- | |- | ||
| Line 79: | Line 79: | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | §16 considers whether the merger "will create or strengthen a significant restriction on competition." | ||
|- | |- | ||
| Line 119: | Line 119: | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | §11 generally prohibits any abusive act by a dominant firm. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | §11(a) | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | §11(c) | ||
|- | |- | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 1 | ||
| | | §11(a) | ||
|- | |- | ||
| Line 149: | Line 149: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | §13 provides an efficiency defense. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | §10(a) | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | §10(e) and §11(d) | ||
|- | |- | ||
| Line 173: | Line 173: | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | §10(b) | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | §10(c) | ||
|- | |- | ||
| Line 203: | Line 203: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | §10 grants an efficiency defense. | ||
|} | |} | ||
Latest revision as of 13:21, 12 October 2007
Score = 17
Governed by: The Competition Act of 2004, Act of 5 March 2004 No. 12 on competition between undertakings and control with concentrations (including amendments in Act of 17 December 2004 No. 100). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §5 extends the Act's reach to firms outside Norway's borders. |
| Remedies | Fines | 1 | §§28-29 give the Competition Authority the power to impose fines. |
| Prison Sentences | 1 | §31 allows for imprisonment. | |
| Divestitures | 1 | §12 gives the Competition Authority the power to make "structural" changes to dominant firms where behavioral changes would not work. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §18 requires notification. | |
| Pre-merger | 2 | §18 requires notification before the merger takes place. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | §16 considers whether the merger "will create or strengthen a significant restriction on competition." | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | §11 generally prohibits any abusive act by a dominant firm. | |
| Price Setting | 1 | §11(a) | |
| Discriminatory Pricing | 1 | §11(c) | |
| Resale Price Maintenance | 1 | §11(a) | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | §13 provides an efficiency defense. | |
| Restrictive Trade Practices | Price Fixing | 1 | §10(a) |
| Tying | 1 | §10(e) and §11(d) | |
| Market Division | 0 | ||
| Output Restraint | 1 | §10(b) | |
| Market Sharing | 1 | §10(c) | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | §10 grants an efficiency defense. |