Norway 1993

Score = 13

Governed by: Act No. 65 of 11 June 1993 relating to Competition in Commercial Activity (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	§1-5 says that the Act applies to actions which have effect or are liable to have effect in Norway.
Remedies	Fines	1	§6-4 and 6-6 allow fines for certain violations.
	Prison Sentences	1	§6-6 allows for imprisonment for serious violations.
	Divestitures	1	§6-5 grants power to the competition authority to split-up a dominant firm. Language under §3-11(1)(c) may also provide the basis for a divestiture action shortly after a merger.
Private Enforcement	3rd Party Initiation	0
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	0
	Pre-merger	0
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	1	§3-11: The Competition Authority may intervene in a merger if it may restrict competition.
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	0
	Abusive Acts	1	§3-10 bans maintaining a dominant position by use of anti-competitive methods.
	Price Setting	1	§3-1 bans price setting.
	Discriminatory Pricing	0
	Resale Price Maintenance	1	§3-1 prohibits RPM.
	Obstacles to Entry	0
	Efficiency Defense	1	§3-9 allows an efficiency defense to price setting by dominant companies.
Restrictive Trade Practices	Price Fixing	1	§3-1 prohibits price fixing.
	Tying	0
	Market Division	1	§3-3 prohibits market sharing by means of area division and customer division.
	Output Restraint	0
	Market Sharing	1	§3-3 prohibits market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	§3-2 prohibits collusive tendering.
	Supply Refusal	1	§3-10 prohibits refusing to deal with certain undertakings.
	Efficiency Defense	1	§3-9 has an exemption to other §3 prohibitions for agreements meant to increase efficiency enough to compensate for the restriction on competition.