Key Benefits:
Law of competition between enterprise and control with the enterprises of the competition (competition law). |
| Date | LO-2004-03--05-12 |
| Ministry of | The proximity and the fisheries Department |
| Last modified | LO-2016-04-15 -2 from 01.07.2016 |
| Published | In 2004 booklet 4 |
| Istrontrecation | 01.05.2004 |
| Changing | LAW-1993--06-11-65 |
| Announcement | |
| Card title | Competitive law-rrl. |
Law's purpose is to promote competition for derivency to effective use of society's resources.
By the Applicability of this law, it shall be taken especially into consideration of consumer interests.
Part Article SECTION 2. Definition of enterpriseWith enterprises, in this law, any entity that practices private or public is the enterprise.
Part Article SECTION 3. General exceptions from the lawThe law does not apply to employment and employment terms.
The king can at regulation make exceptions from all or part of this law for specific markets or close-ups. The King of State Council shall at regulation determine the exceptions from Section 10 and 11 that are necessary to conduct agricultural and fisheries policies.
If a relationship that falls under the law, also goes in under regulatory and control regulations in other laws, the King may give closer rules about the interfactional containment of the various government's scope.
The law applies to terms, agreements and actions that are taken, have effect or are suitable for having effect here in the realm.
The king can at regulation decide that the law shall apply to terms, agreements and actions that exclusively have or are suitable for having effect outside of the realm.
The king can at regulation determine in which extent the law shall apply to Svalbard.
Single-pass by this law shall normally apply for a specific amount of time. Individuals should normally not apply more than five years and never for more than 10 years. The impact of the time of the bill should be made of the ordinance.
The rule in the first clause is not to the obstacle that single ordinance can be renewed.
Part Article SECTION 7. Overdelivery of non-disclosure information to foreign government's competitive and international organizationsIn order to fulfill Norway's appointment obligations to foreign state or international organisation, the Competitions of the Government can without the object of legiomcial secrecy in foreign states and international organizations information that are necessary to promote Norwegian or the government or organization's competitive rules.
Upon the issue of information after the first clause, the Competitive Service shall be required to provide the information only to be conveyed with the consent of the Competitions and for the purposes of which the consent of the consent includes.
The king can give regulation on overdelivery of information after the first and other clause.
The competition authorities are the King, the Department of the Ministry and the Competitive Authority.
The competition authority cannot be instructed about decisions in individual cases. The king can impose the Conpetitive Protection Agency to take a case up to treatment. The Ministry can overturn the Conpetitive Regutiveness Act without the ordinance of the bill, if this is invalid. The Prevalence Act Section 35 does not apply to the Department of Competitions of the Competitive Reguvals Act after this law.
The king can give further provisions on the Conpetitive Regulations Organization and business.
| 0 | Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
The competitions shall bring supervision of the competition in the various markets, herunder by the
| a) | verify that the ban of the law and the edict is overheld |
| b) | conduct necessary procedures against enterprises, |
| c) | commit measures to increase market transparency, |
| d) | enforce the EES agreement Article 53 and 54 and |
| e) | point out competitive impacts of public measures, optionally by promoting proposals with aim to strengthen the competition and ease the adage of new competition. If the Competitive Authority demands it, it shall be the organ to which the reckoning shall respond, respond the Conpetitive Authority within a further stated deadline. In response, it should be among other accounted for how the competitive consideration will be looked after. |
Competitive law duties to guide enterprises regarding understanding of this law, the reach of the law and its Applicability in individual cases.
Any deal between enterprise, any decision struck by the interferences of enterprises and any form of co-arranged performance that has for purpose or effect to prevent, narrow or twisting the competition, is prohibited, especially such as consists in
| a) | to determine in direct or indirect way of purchasing or retail prices, or other business terms, |
| b) | to limit or control production, destatement, technical development or investment, |
| c) | to split up markets or supply sources, |
| d) | to be facing trade partners various terms for peer-to-peer benefits and thereby silence them unstigma in the competition, |
| e) | to make the introduction of contracts dependent on the co-counterdents accepting accessory charges that after their species or after regular business practices do not have any connection with the contractual item. |
Agreements or decisions that are prohibited in accordance with this provision shall not have any legal effect.
The provisions of the first clause do not receive the Applicability of agreements between enterprises, decisions hit by the interferences of enterprises and co-arranged performance, which contributes to better the production or distribution of the goods or to promote the technical or economic development, while at the same time, ensuring the consumers a reasonable percentage of the benefits achieved, and without
| a) | to impose individual enterprise restrictions that are not absolutely necessary to reach these targets, or |
| b) | to give these enterprises the ability to rule out competition for a significantly part of the goods it applies. |
The king can at regulation determine rules for what to enter during the third clause (group exemption). The competition law can determine that a group exemption should not be applicable to specific enterprises in the extent that agreements, decisions and interarranged performance have impacts that are not unicoined with third joints.
One or more enterprise utilisation exploitation of its dominant position is prohibited.
Such unpreorder exploitation can particularly consist in
| a) | to impose, direct or indirect, unreasonable intake or retail prices or other unrivable business terms, |
| b) | to limit production, destatement, or technical development to damage to the consumers, |
| c) | to be facing trade partners various terms for peer-to-peer benefits and thereby silence them unstigma in the competition, |
| d) | to make the introduction of contracts dependent on the co-counterdents accepting accessory charges that after their species or after regular business practices do not have any connection with the contractual item. |
The competitions of the Consumers can impose enterprise or coincide with enterprises that overpass the prohibition in Section 10, Section 11 or in regulation in co-14, bringing the violation to termination. The injunction may include any measures necessary to bring the violation of termination. Structural measures can only be placed if there are no equally effective behavioural measures, or if a behavioural regulatory measures will be more crowded for the enterprise.
The post-first clause can be given even if the Conpetitions Act charge the violation fee against the venture after Section 29.
If the enterprise offers relief measures in a case that could end with a ordinance after Section 12 first clause, the Conpetitive Authority can end the matter by a ordinance that makes the measures binding on the enterprise. Attaches after the first period can be covered before the Competitive Health Authority has made a full assessment of whether the branch term in the first clause has been met. The competitions of the Conpetitions shall in the ordinance give an assessment of the conduct of enterprises. Further, it shall be considered whether and grounds why they offered the measures are suitable for and necessary to help the competitive issues that the Competitive Authority has found. The betting shall determine that the Competitive Commission will not proceed with the case after the first clause or Section 29 if the measures are being carried out. The competition authority can by proposals from the enterprises named a trustee to assist in the completion of the ordinance after the first period. The king can in regulation give closer regulations on the trustee's position. By complaint of the ordinance after this clause, the ministry can undo or confirm the Conpetitive Regutiveness Act.
The competition authority can after the request or of its own measures to be retaken by third clause if
| a) | actual conditions that were essential to the ordinance change, |
| b) | enterprises act in violation of the ordinance, or |
| c) | The bill builds on incomplete, incorrect, or misleading information from the enterprises. |
The competition authority can if it is
| a) | reasonable reason to assume that Section 10, Section 11 or regulation in co-hold of Section 14 is overlaid, and |
| b) | danger of the competition exposed to lasting and irreparable damage, |
hit temporary ordinance of the injunction after the first clause. This still does not apply if the ordinance of the ordinance is pointed to, incurred damage or disadvantage that stands in obvious disconnection to the consideration of the consideration shall be taken. Temporary ordinance shall be met for a limited amount of time, but can be extended if the father of the competition consists.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
In matters of principle or great civic significance, the King of State Council can allow behavior in violation of the Prohibition of Section 10 or Section 11, and give the injunction and recast the Conpetitions Act after Section 12 first clause. A permit for behavior in violation of Section 10 or Section 11 has no effect in relation to the violations of the law or the ordinance of the law before the permission is granted.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). Raised by law 15 apr 2016 # 2 (ikr. from the time the King decides). |
If necessary to promote the competition in the markets, the King at regulation can intervene against terms, agreements and actions that limits or are suitable to limit the competition in violation of the law of the law.
The rules of Section 10 and 11 and in regulations after Section 14 apply to the limitations as follows by the EES-competitive Act Section 7.
The competition is to ban enterprises that to significantly extent will prevent effective competition, especially as a result of a dominant position created or bollified. The bid can include filler regulations that are necessary for the purpose of the ban to be achieved.
If the Competitive Authority finds that relief measures proposed by the meltders will relieve the competitive effects that the enterprises can lead to, the Board of Health shall be able to obtain interventions where the enterprises are permitted on these terms. The competition authority can link obligations to the ordinance to ensure that the terms are met.
However, if an enterprise deduction has been implemented, the ban after first clause may include the cancellation of the event of stocks or shares acquired as clause in the enterprises Association, or other measures that are suitable for restoring it The competitive situation that was preceded by the company's conclusion was conducted.
The competition authority can appoint a trustee to assist in the completion of the ordinance after the first clause. Following suggestions from the melds, the Board of Health can name a trustee to assist in the completion of the ordinance after other clause. The Caretaker gets his allowance covered in and can make deals on behalf of them that the ordinance correcters against. The king can in regulation give closer regulations on the trustee's position.
In the extent creation of a joint venture that constitutes an enterprise deduction after Section 17, has for purpose or effect to co-arrange independent enterprises's competitive behavior, this co-arrangement shall be assessed after Section 10 with aim at determining whether it should be seized against the venture Association.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
The competitions shall ban the employment of shares in an enterprise even if acquired do not lead to control, if it will lead to or reinforce a significantly limitation of the competition in violation of the purposes of the law. Is acquired implemented by incremental acquisition, it can be seized in front of the transactions that have taken place within a period of two years rained from the time of the last acquired.
By procedures after the first clause, the provisions of Section 16 other clauses apply to the fifth clause accordingly.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
A venture of the event is when
| a) | two or more former independent enterprises or pieces of enterprise fusion, or |
| b) |
| - | one or more people, who already control at least one enterprise, or |
| - | one or more enterprise |
directly or indirectly, completely or partly, durable takes control of one or more other enterprises.
When a joint venture is created as on durable basis, all functions that belong under an independent economic unit are preceded by an enterprise deduction in accordance with the first clause b.
Control is achieved through rights, agreements, or other means that individually or together, the actual or legal conditions taken into consideration, provide the ability to exercise crucial influence over a enterprise, especially
| a) | property rights or use right to an enterprise's overall assets or parts of them, |
| b) | rights or agreements that provide crucial influence over an enterprise's organs with respect to their Assembly, voting rights, or decisions. |
Control is achieved by people or enterprises as
| a) | are the holder of such rights or have rights in accordance with such agreements, or |
| b) | without being the holder of such rights or to have rights in accordance with such agreements, can exercise rights as follows by them. |
The king can give closer regulations on what to be retaken by the first clause.
The parties in a merger after Section 17 first clause letter a or the one or those who gathered or each for lasting take control after Section 17 first clause letter b shall inform the Conpetitions Association of the Business Association at a message.
Meldeduty after first clause does not apply
| a) | if the involved enterprises have an overall annual turnover in Norway under 1 billion crowns, or |
| b) | if only one of the involved enterprises has an annual turnover in Norway over 100 million crowns. |
The competitions of the Conpetitive Commission may impose meldend to enterprises except from the dairy duty after other clause, if the DMV finds reasonable reason to assume the competition is affected, or if the shonest consideration dictates that the Board of Health The venture is closer to it. Such an injunction cannot be granted later than three months after the final deal is reached or control is acquired. The deadline runs from the first incomes.
If an enterprise deduction consists in the erstice of parts of one or more enterprises, whether they are independent legal subjects or not, it shall at the calculation of innings by other clauses or the seller's case only taken into consideration the restatement of the parts that are part of the enterprises Association. If it within a two-year period of two or more transactions as mentioned in the first period between the same people or enterprise, this shall still be considered one and the same enterprise deduction, with effect from the day the last The transaction takes place.
The competition authority can impose message for the cerstice of shares in enterprises as mentioned in Section 16 a. Such an injunction cannot be granted later than 3 months after final agreement on the erstice of shares.
The impact of conclusions excluding from the dairy duty after other clause and the erstice of shares in enterprises mentioned in Section 16 a can be reported voluntarily to the Contest Protection Agency to clarify whether it is applicable to interventions.
Message according to first, third, fifth and sixth clause are deemed to be received first when the requirements of Section 18 b are met. Corresponding applies to simplified message according to regulation in co-hold of Section 18 a fourth clause.
A venture conclusion that has been reauthored by the rules of control with the enterprises of the EBeer Agreement Article 57 is excluding from the normal meldeduty in the first clause.
The king can give regulation on calculation of innings after other clause, the meldduty of enterprises exemptions excluding from the flour duty after other clause in close-ups where candid consideration and about the release of the texts.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
Message after Section 18 first clause should contain
| a) | contact information about the parties in the merger or the charge or those taking control, |
| b) | description of the enterprises Association, |
| c) | description of the involved enterprises and enterprises in the same corporation, |
| d) | names of the five most important competition, customers and suppliers in markets in Norway, or as Norway is a part of, where the involved enterprises and enterprises in the same corporation have horizontal overlapping business, |
| e) | The statement of horizontal and vertically affected markets. A market is horizontally affected if at least two of the parties are active at the same product market and the combined market share exceeds 20 percent. Vertical affected markets are the markets where a party operates in a precursor or trailing clause to a market where another party operates and their overall market share exceeds 30 percent on each of the respective markets. The resettlement shall include a description of the market structure of the affected markets, description of the involved enterprises ' most important competition, customers and suppliers in the affected markets, and description of any establishment obstacles in the affected markets, |
| f) | a short-authored description of vertically overlapping markets in which an enterprise deduction is between a party operating in a prerequisite or subsequent clause to a product market where a different party operates, and the couple's individual or overall market share exceeds 30 percent on at least one of these markets. The description of these markets should at least include the couple's three most important competition, customers and suppliers, |
| g) | account of any efficiencies benefits, |
| h) | information on the enterprises of the company is subject to supervision from other competitive authorities, |
| in) | latest version of the agreement on enterprises joint with attachments, and |
| j) | the involved enterprises last year-and-year accounting. |
By joint venture, the message also needs to contain information about the morcompanies is still effective at the same market as the joint venture or on a previous or later clause of the restatement chain or on a adjacent market.
The competition authority can in the individual case lessee the requirements of message after the first clause.
The king can give regulation on closer requirements to content in message after the first clause, herunder rules on simplistic messages that the absence of the content requirement in the first clause.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), modified by law 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
The one in the treatment of a venture conclusion, or a minority server v, provides information subject to the legislator of the competition authorities in accordance with Section 18 and Section 24 first joints, or in proposals for relief measures after Section 16 else clause, should clearly indicate or mark such information and shallow his opinion. The adviser shall simultaneously make suggestions for public version. If the first period is not met, the competitive authorities may add reason that the sender does not resist that it is provided visibility into the information.
The king can give regulation on public versions and grounds of the court as mentioned in the first clause.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
The impact of conclusions that reductions by the rules of Section 18 first clauses must not be carried out until the Competitive Health Authority has terminated the treatment of the case. The same applies if the Competitive Authority has issued a message after Section 18 third or fifth clause, message has been issued after Section 18 the sixth clause or the flour duty follows by regulation given after Section 18 of the ninth clause.
The competition authority can after application from the milk leaders make exceptions from the review ban after the first clause of individual cases. The competition authority can at regulation make exceptions from the review ban for groups of enterprises.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
Attaches after Section 16 and Section 16 a meet of the Competitive Protection Agency on the basis of message after Section 18 first, third, fifth or sixth clause, or on the basis of message after regulation given after the ninth clause.
The competition authority must within 25 effective days from the message have been received, notifying that the ordinance may be applicable. In the notice, the Conpetitive Authority must show that there is reasonable reason to assume that the venture composition or acquired as mentioned in Section 16 a will lead to or reinforce a significantly limitation of the competition in violation of the purposes of the law. Gis not such notice, the Conpetitions cannot intervene after Section 16 or Section 16 a.
If the milk leaders are making suggestions about the relief measures within 20 effective days from the message have been received, the Conpetitive Regugation of the Message has been received after other clause with 10 reality days. Propose proposals within the deadline, the Conpetitions of the Office of 35 realities can grasp the interventions that allow the enterprises to the proposed terms of the proposed terms. Such ordinance can be taken without the parties given notice.
The competition has to be immediately possible, and the latest in 70 effective days from the message has been received, the grasp of the ordinance acknowledged the abolitions of relief measures from the melds or put forward due proposals for prohibition. If the milk leaders have reproduced or revised proposals for relief measures later than 55 realities from the message have been received, the Conpetitive Regugation of the Message has been issued after the first period equivalent, nonetheless so that the deadline cannot exceed 85 The business days from the message have been received. The proposal of the prohibition of the prohibition of the statute of the party to the statement with a due date on 15 business days. The competition authority must see its ordinance within 15 effective days from the Department of Health received the couple's statement. If there is a new or revised proposal on relief measures after the Competitive Authority has put forward due to the prohibition of prohibition, the deadline to hit the ordinance can be extended with 15 business days. After the request or consent of the melds, the deadline for the fifth period can be further extended with up to 15 business days.
Proposals of relief measures are not deemed to be presented before proposals to the public version of the proposal according to Section 18 b are inissued. The Tempers in other, third and fourth joints for the Competitive Regulations are not beginning to run until the Competitive Authority has received proposals for the public version of the documents according to Section 18 b.
Releases in the second and fourth clause of the Conpetitive Regutiveness of the Contrial shall cease to run if any of the involved enterprises after receiving written claims to give information within a specified deadline, do not meet the requirement. The requirement is not considered to be met until the Competitive Authority has received proposals for the public version of the documents in accordance with Section 18 b. The parties should be informed that the deadline has stopped running. The deadline is beginning to run again when the Competitive Authority receives the requested information.
If the Competitive Authority finds that there is no basis for interventions after Section 16 or Section 16 a, the flour shall be underdirected in writing that the case is laid. In cases where the Competitive Authority has notified that interventions may be applicable after other clauses, the underdirection shall indicate why there is no basis for interventions. The competition authority is to end the case treatment as soon as possible.
The king can give regulation on public versions of documents as mentioned in the fifth and sixth clause.
| 0 | Modified by laws 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
Attached as mentioned in Section 20 first clause can be scratched within 15 business days. The competition authority shall bring the complaint to the ministry at the latest 15 business days after it has been received. The Ministry must see the ordinance of the complaint case within 60 reality days after the complaint has been received. The provisions of the deadline of the Section 20 sixth clause apply accordingly to the ministry's case processing deadlines. By complaint over the post-16 other clause, the ministry's decision can only go out to repor confirm the Conpetitive Regutiveness Act. By the way, the rules regarding complaint in the Management Act chapter VI as far as they fit.
If the ministry is repealed by Section 16 other clauses because the enterprises ' Association cannot lead to or reinforce a significantly limitation of the competition, the matter is finally settled. At an uptake on other basis, the Competitive Board can grasp a new ordinance after Section 20 first clause. The provisions of Section 20 different and third joints do not apply. The vision must be immediately possible and the latest within 45 effective days from the ordinance were repeaters of interveners that allow the enterprises to the terms proposed by the melds or put forward due proposals for prohibition. If the milk leaders are promoting proposals for relief measures later than 35 operational days from the rise of the ordinance, the Conpetitive Regugation of the Act, the Conpetitive Regugation of the Act. The provisions of Section 20 fourth to the seventh clause apply to the incidentally as far as they fit.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
In matters of principle or great civic significance, the King of the State Council can allow an enterprise deduction or an erstice of shares that the Competitive Authority has intervened against after Section 16 and Section 16 a. It can be set terms for such a permit.
If the terms of Section 16 first joints or Section 16 a first clause are met, the King can in state counsel in cases of principle or great civic significance hit the ordinance after Section 16, 16 a and 18. The Tempers of Section 18, 20 and 20 a do not apply to the ordinance hit after this clause. The king of the state council can still not intervene against an enterprise deduction or an erstice of shares later than 12 months after the final agreement or control has been taken over.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). Raised by law 15 apr 2016 # 2 (ikr. from the time King decides). |
The rules of this chapter apply to the limitations that follow by the EES-competitive Act Section 7a and regulations provided in the co-compliance of the EES competitive Act.
| 0 | Added by law 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides, new Section 21). |
The competition and the ministry is going to announce its ordinance. By the public, the couple's name and the ordinance's main content are specified. Information subject to secrecy after the Management Act Section 13 first clause 2 can be released if needed to illuminate the bill's main content.
| 0 | Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
The competition authority can, if necessary to promote the competition, impose enterprises to brand, have lookup about or provide other subdirection about price, business terms and quality by the sale of goods and services. The king can give regulation about the same thing.
| 0 | Modified by law 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683). |
Any duties to provide competitive authorities the information that these authorities require in order to carry out their to-do items by the law or to be able to fulfill Norway's appointment obligations to a foreign state or an international organization. The information may be required given written or oral within a determined deadline both from some and from groups of enterprises and can be downdrawn and stored as audio recordings.
On the same terms mentioned in the first clause, the competitive authorities for scrutiny can be issued all types of information and carriers of such information.
Information required after the first and second clause can be given without the hurdle of the legislature that otherwise impose ligators, other tax and tax authorities and authorities who have tasked with the task of public regulation of -the life-business.
The first and second clause applies even if it is resolved evidence safeguards after Section 25.
The king can at regulation determine closer rules for the Enlightenment and scrutiny.
| 0 | Endres by law 27 May 2016 # 14 (ikr. 1 jan 2017 ifg. res. 27 May 2016 # 531). |
In order to apply for evidence, the Competitive Authority, when there is reasonable reason to assume that the law or ordinance of the law is violated, or it is necessary to be able to fulfill Norway's contract obligations to a foreign state or a international organization, demand
| a) | to gain access to premises, real estate, transport funds and other retention sites where there can be evidence of violation, |
| b) | to be allowed into residence if there is particularly reason to assume evidence is retained there, |
| c) | bringing things that may have meaning as evidence for closer scrutiny and |
| d) | to seal business locations, books or business documents as long as the examination lasts and this is considered necessary. |
Original documents can be included when the original in itself is believed to have a special evidence value, when the evidence will be reduced by copying or when the document is believed to be a particularly central evidence for the violation of regulations in this law. The competition is taking original documents after this determination, it shall be controlled given copy of the documents, as long as it can happen without damage or danger of the investigation.
The desire for admission to evidence safeguards is set by the Competitive Protection Agency for the courthouse in the place where the most convenient can happen. The court hits its decision by decision before the evidence safety is placed in works. The court's decision should specify the control's purpose, therunder what type of violation and which market is investigating. The motion of the petition shall not be notified of the motion or decision. Anke over the decision does not have the uptake effect. The StraffProcess Act Section 200 and Section 201 first joints, Section 117 to 120, jf. Section 204, 207, 208, 209, 213 and Chapter 26 as well as the Management Act Section 15 other clauses apply as far as they fit.
The controlled shall receive a copy of seized electronic material. When the Competitive Board begins the review of seized electronic material, it has controlled or dennes representative the right to be present to clarify whether the material contains information that is reauthored by the disclosure of secrecy as mentioned in The penalty process law Section 117 to 120. If the controlled and the Competitive Commission does not agree on information is reauthored by the disclosure of secrecy as mentioned in the penalty process Act Section 117 to 120, this is to be settled by the courthouse.
The competition law may require assistance by the police to commit the decision of evidence safeguards.
If there is no time to await the court's decision, the Conpetitive Authority may require the police to shut down areas where the evidence may be until the court's decision has been issued.
The king can at regulation determine closer rules about evidence safeguards and treatment of over-gunshot information.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
As long as the case is not concluded, public law does not apply to the issue of violation of Section 10, 11, 18 first joints, 19 first clause or pass by this law ; the same applies to documents received by the Competitive Health in connection with a leapback application or settlement negotiations after Section 29 a, also after the case is concluded. A case does not count as concluded if the Competitive Authority seeks to address the prosecution or the prosecution finds that public charges are required by strong public consideration.
Presak or persons as the Competitive Investigator is investigating for violation of the competition law, 1 shall by requirements be granted admission to the case of the case documents, if it can happen without any damage or risk of the investigation or third person. The Prevalence Act Section 19 applies to the equivalent. The claim declined, the question can be determined by the court by ruling. If the investigation involves more enterprises or persons, the court of the court is not applicable to other enterprises or persons.
| 0 | Modified by laws 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118), 19 June 2009 # 83 (ikr. 26 June 2009 ifg res. 26 June 2009 No. 878), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
| 1 | Dvs, this law. |
Any performing service or work for the competitive authorities, is sworn to secrecy about the identity of enterprises or person who gives tips on violation of Section 10 or Section 11. Tausheme's duties also apply to the issue of the issue of the parties and their representative. Request for the decree of termination of the competition law 1 Section 12 is not subject to the privilege of privilege.
Any performing service or work for the competitive authorities, is sworn to information that has its origin in declarations from an enterprise about the knowledge of a violation of Section 10 and enterprises of its own involvement in the violation and which is worked out especially with the purpose of achieving leapments, or as clauses in settlement negotiations after Section 29 a.
By the way, the rules of the Management Act Section 13 to 13 e equivalent as far as they fit.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 20 June 2008 No. 43 (ikr. 1 July 2008 ifg res. 20 June 2008 No. 630), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
| 1 | Dvs, this law. |
Part or party representative who is being made familiar with information mentioned in Section 27 other clause has secrecy about the information and can only use them as far as necessary to safeguard the couple's interest in the case.
Anyone with legal interest in an ended case of violation of Section 10, Section 11 or injunction after Section 12 shall also be granted visibility in information that is sub- granted statutory secrecy, unless visibility will seem unreasonable to that information applies. The court to visibility does not apply to information subject to secrecy after Section 27. Will it be demanded visibility of the disclosure of the word after this clause shall those who have the claim of silence, be notified and given a deadline to comment on the question. Disclosures on the claims of visibility can be scratched to the ministry. The rules of the Management Act chapter VI apply accordingly.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), modified by law 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
| 0 | The headline changed by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
To ensure that individual ordinance of this law and the injunction after Section 24 is overheld, the Conpetitive Authority can determine that the ordinance corrected against, shall pay a running mulched to the state until the relationship is fixed.
The competition authority determines when the mulkten starts to run. The competition authority can completely or partially waive the claim of incurred mulct.
The king can at regulation determine closer rules about illegsm of compulsitation.
Part Article SECTION 29. Overcharge FeeAn enterprise or a breakdown of enterprises can be the violation of the violation fee if the enterprise or the Association of enterprises or someone acting on their behalf, intentional or negligent
| a) | overcomes Section 10, 11, 18 first joints or 19 first joints, |
| b) | overcomes pass by Section 12, 16, 16 a or 23, |
| c) | fail to comply with Section 18 third or fifth clause, 24 or 25, |
| d) | provides incorrect or incomplete information to the competitive authorities, |
| e) | violates sealing done in co-quarters of Section 25, |
| f) | overtakes regulation in co-hold of 14, Section 18 ninth joints or 23, or |
| g) | co-works to the violations of the letter a to f. |
The competition Authority is passed the violation fee. By determining the size of the fee, it shall particularly be placed emphasis on enterprises ' revenue, the violation of the violation, and duration, as well as lempning after Section 30 and Section 31.
Attackable violation fees cannot be incurred. The effective fee is due to payment two months after the bill has been received. Attaches of the violation of the violation are coercion for the expat. If the enterprise goes to lawsuits against the state to try the ordinance, the suspension of the force is suspending the force. The lawsuit must be raised within six months from the parties received the ordinance. It can be given refresher for the overpass of the deadline by the rules of the dispute section Section 16-12 to 16-14. The court can try all sides of the matter. The TvistelAct Act applies otherwise as far as it fits.
The access to fire fees is due to be aged after 10 years at violation of Section 10 or Section 11 of this Act. Other violations foreage after 5 years The deadline is canceled by the Competitions Act taking steps to the safeguards of evidence after the law of the law, or by the law, that it is suspected of violation of the law or ordinance met in the co-hold of the law.
The king can at regulation give closer rules on the issue of the violation of the violation fee.
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides). |
The impact of the cartel settlement after the paragrafen here implies that the violation fee after Section 29 at violation of Section 10 decreased by 10 percent.
If the Competitive Commission is considering a case that suited to cartel settlement, it may invite one or more enterprise to settlement negotiations. The vision shall then present the case, the evidence in the state's possession and the review's preliminary assessment of the possible violation, and inform of which violation of the violation is being considered illaged.
If the case is suitable for cartel settlement, the Conpetitive Company provides a due date on at least 15 realities to design a settlement of the settlement. The entry shall contain an unrepatriation of the violation, the maximum level of the violation fee enterprise can accept, a confirmation that the enterprise has been granted access to the agency's evidence and an acknowledgment that the enterprise want to make cartel settlement with the restrictions this entails for the requirements of the Competitive Reguction and the grounds of the Consecutive. Part or party representative who is being made familiar with the settlement facility has secrecy about the information and can only take advantage of them as far as necessary to safeguard the couple's interest in the case.
When the settlement is received by the Competitive Health, the enterprise is provided a prenotice with a response deadline. After the expiry of the deadline, it can be covered for reduced violation of the violation fee after the paragrafen here.
If the enterprise after receiving the preresponse does not want to strike cartel settlement, the case would follow the ordinary case management trail in violation of violations. The settlement facility cannot be used as evidence in the case.
Reduction of the violation fee after the paractment here comes in addition to any reduction after Section 30 and 31.
The Ministry can provide regulation on the cartel settlement.
| 0 | Added by law 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
Hel leplation of the violation fee for violation of Section 10 shall be given to the first venture that in association to a specific case meets the following terms :
| a) | The company is presented by its own measures all evidence that it possesses in accordance with the procedure of other clauses. This evidence must be sufficient to |
| in. | get decision on evidence safeguards after the competition law 1 Section 25 in connection with an assumed violation of the competition law 1 SECTION 10. The competitions must at the time of the information be presented not adequate evidence to be able to require such decision, or |
| ii. | prove violation of the competition law 1 SECTION 10. The competition must at the time the information is presented not to be adequate evidence of such violation. |
| b) | The company is cooperating by its own measures fully under the entire Conpetitive Regutiveness of the Concourse. |
| c) | The company is cease by its own measures with the participation of the violation of the minor Conpetitions of the Competitive Commission for something else. |
| d) | The company has not sought to force other enterprises to participate in the violation. |
The progress of evidence after the first clause letter a can happen
| a) | by the propel at the same time with the leapments application, |
| b) | by the enterprise provide a clear description of the evidence materials species and content and provide all evidence within a due date determined by the Competitive Health, or |
| c) | by that the enterprise is given a priority right to lempning from the time it was protested for leving while the enterprise is collecting evidence. The priority of the leapments is only valid for a limited period determined by the Competitive Authority. |
| 0 | Changed by laws 17 des 2004 # 100 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1683), 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633). |
| 1 | Dvs, this law. |
Precasak that did not meet the terms of whole lempning in Section 30 shall be given partial leaping of the violation fee if the enterprise propel evidence as significantly strengthens the Conpetitive Regulation Act Section 10 and meets the terms of Section 30 first clause letter b and c. The rules of evidence of evidence in Section 30 other clauses apply accordingly.
The first venture that in a specific case meets the terms of this determination, is given levity of 30 to 50 percent. The second venture that in the same case meets the terms of this determination, is given levity of 20 to 30 percent. The Eastern enterprises that in the same case meet the terms of this determination, are given levers at up to 20 percent.
By the closer determining of the leapments after other clause, consideration of how early evidence was presented, the strength of the obvious evidence and to what extent the enterprise has collaborated with the Competitive Authority.
The king can give regulation of whole and partial leviness of the violation fee after Section 30 and Section 31.
| 0 | Modified by laws 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
| 1 | Dvs, this law. |
With fines or prison until 3 years, it is punished as intentional or aggravated negligent
| a) | overcomes Section 10, 18 first joints or 19 first joints, |
| b) | overcomes pass by Section 12 first or fifth clause, 16 or 16 a, |
| c) | fail to post-get cuts after Section 24 or Section 25, |
| d) | provides incorrect or incomplete information to the competitive authorities, |
| e) | violates sealing done in co-hold of Section 25, or |
| f) | overtakes regulation in co-hold of Section 14. |
Is a violation of Section 10 conducted under particularly display circumstances, prison can up to 6 years of use. By the decision of whether or not particularly display circumstances have been filed, it shall be placed on whether the violation has been sought to be concealed, if it has caused significant economic benefit and the grofess of the violation by the way.
Presak is not punished after this paragrafen or following the Criminal Code Section 27 for violation of the law here.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), formerly Section 32 changed paragrafnumber to Section 35, modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
Overseas that can be subject to punishment after Section 32 are only underhanded publicly on-speech when there is a petition filed from the Conpetitive Authority or it is required by strong public consideration. The king can give regulation on address after the first period.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), formerly Section 33 changed paragrafnumber to Section 36. |
For demands as a result of the violation of this Act and the EES Agreement Article 53 and 54 applies to the statute of limitations, herunder Section 9 and Section 11.
Although the statute of limitations is out, requirements as mentioned in the first clause can also be put forward at special lawsuits. Such a lawsuit must be raised within 1 years after the final ordinance or judicial judgment in the case of the case.
| 0 | Added by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), formerly Section 34 changed paragrafnumber to Section 37, changed at law 15 apr 2016 # 2 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 671). |
| 0 | Added by law 15 apr 2016 # 2 with Section 25 to Section 40 (ikr. from the time the King decides). |
| 0 | Endres at law 15 apr 2016 # 2 (becomes new cap. 9-ikr. from the time the King decides). |
The law applies from the time the King decides. 1
From the same time, law is repeait 11 June 1993 # 65 about competition in the era of life.
| 0 | Modified by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), modified paragrafnumber from Section 32. Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides, becomes new Section 41). |
| 1 | From 1 May 2004 ifg. res. 5 March 2004 # 479. |
The regulation, ordinance, regulations and instructions given in the co-hold of Law 11. June 1993 # 65 about competition in the arch-life business is still applicable as far as they fit, until the King repor changes these in co-hold of this law or by special provision.
Single-pass in co-hold of law 11. June 1993 # 65 about competition in the arch-life is maintained in the period that is provided in the ordinance until they are changed or repeated in co-held by this law or by the special provision of the King.
The effective fee and punishment after this law comes only to the ancability of violations committed after the law of law.
The king can otherwise give the transitional provisions necessary.
| 0 | Modified by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), modified paragrafnumber from Section 33. Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides, new Section 42 will be. |
From the time the law takes effect, the following changes are made in other laws :---
| 0 | Modified by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633), modified paragrafnumber from Section 34. Endres at law 15 apr 2016 # 2 (ikr. from the time the King decides, new Section 43 is being made. |
