Law On Competition Between Undertakings And Control Of Concentrations (The Competition Act)

Original Language Title: Lov om konkurranse mellom foretak og kontroll med foretakssammenslutninger (konkurranseloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-03-05-12

Law on competition between undertakings and control of concentrations (the Competition Act).


Date LOV-2004-03-05-12


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2016-04-15-2 from 01/07/2016


Published in 2004 Booklet 4


Commencement 01/05/2004

Changes
LOV-1993-06-11-65

Promulgated


Short Title
Competition Act - krrl.

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-7)
Chapter 2. Competition authorities organization and tasks (§§ 8-9)
Chapter 3. Prohibited restrictions on competition (§§ 10-15)
Chapter 4. Control of concentrations etc. (§§ 16 - 21a)
Chapter 5. Price information and publicity (§§ 22-23)
Chapter 6. Processing of surveys and control (§§ 24-27 a)
Chapter 7. Sanctions and fines (§§ 28-34)
Chapter 8 Appeals for competition matters
Chapter 8. Commencement, etc. (§§ 35-37)

Chapter 1. Introductory provisions

§ 1. Purpose The purpose is to promote competition in order to contribute to the efficient use of society's resources.
For the purposes of this Act shall take particular account of the interests of consumers.

§ 2. Definition of undertaking The undertaking meant in this Act any entity engaged private or public commercial activities.

§ 3. General exceptions to the law The law does not apply to employment conditions.
King may by regulations grant exemptions from all or part of this Act for certain markets or industries. King in Council shall by regulation determine the exception of §§ 10 and 11 which are necessary to implement agricultural and fisheries policies.

§ 4. Relationship to other laws If a relationship that falls under the law, also falls under the regulation and control provisions of other laws, the King may issue further rules for the mutual limitation of the various authorities concerned.

§ 5. The geographical scope of Act applies to conditions, agreements and actions taken, have effect or is likely to have an impact in this country.
King may by regulation prescribe that the Act shall apply to the terms, agreements and actions whose exclusive or is likely to have an impact outside the kingdom.
King may by regulation determine the extent to which law should apply to Svalbard.

§ 6. Duration of individual Decisions under this Act shall normally be for a specified period. Decisions should normally not affect more than five years and never for more than ten years. The duration should be stated in the decision.
The rule in the first paragraph does not preclude individual may be renewed.

§ 7. Handover of confidential information to foreign states' competition authorities and international organizations To fulfill Norway's obligations under agreements with foreign states or international organizations the Competition Authority, notwithstanding the statutory duty of confidentiality provide competition authorities in foreign states and international organizations information necessary for promoting Norwegian or such State or organization competition rules.
When providing information under subsection shall Competition Authority require that information may be passed on with the consent of the Competition Authority and only for the purpose that the agreement encompasses.
The King may issue regulations concerning the handover of information pursuant to subsections.

Chapter 2. Competition authorities organization and tasks

§ 8. In the authority organization competition authorities are the King, the Ministry and the Competition Authority.
Competition Authority can not be instructed about decisions in individual cases. The King may order the Competition Authority to take a case under consideration. Ministry may reverse the Competition Authority the decision has been appealed, if it is invalid. Administration Act § 35 does not apply to the ministry's reversal of the Competition Authority's decision under this Act.
King may issue further provisions on the Competition Authority's organization and operations.

§ 9. The Competition Authority's tasks Competition Authority shall supervise competition in the various markets, including by

A)
ensure that statutory prohibitions and orders to comply

B)
make necessary intervention against concentrations,

C)
implement measures to increase market transparency,

D)
enforce EEA Articles 53 and 54 and

E)

Point restraining effects on competition of public measures, where appropriate by submitting proposals aimed at strengthening competition and facilitating entry for new competitors. If the Competition Authority so require, the body that carries out the measure, respond Competition Authority within a specified time limit. In response must include a description of how the competitive considerations would be taken care of.

Competition Authority is obliged to guide enterprises regarding interpretation of this law, the statutory range and its application in individual cases.

Chapter 3. Prohibited restrictions on competition

§ 10. Competition Mitigating agreements between undertakings all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition, in particular those which consist in

A)
determining directly or indirectly fix purchase or selling prices or other trading conditions,

B)
limit or control production, markets, technical development or investment;

C)
share markets or sources of supply,

D)
applying against trading partners of different conditions to equivalent, thereby placing them at a competitive disadvantage,

E)
making the conclusion of contracts subject by the other parties to accept additional obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

Agreements or decisions prohibited pursuant to this provision shall not have any legal effect.
The provision in the first paragraph shall not apply to agreements between undertakings, decisions by associations of undertakings and concerted practices which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and without

A)
impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives, or

B)
afford such undertakings the possibility of eliminating competition for a substantial part of the products in question.

King may by regulations lay down rules for what should enter under subsection (group exemption). The Competition Authority may decide that a block exemption is not applicable in relation to specific undertakings to the extent that agreements, decisions and concerted practices has effects which are incompatible with the third paragraph.

§ 11. The abuse of a dominant position one or more undertakings abuse of its dominant position is prohibited.
Such abuse may in particular consist in

A)
imposing directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;

B)
limiting production, markets or technical development to the prejudice of consumers;

C)
applying against trading partners of different conditions to equivalent, thereby placing them at a competitive disadvantage,

D)
making the conclusion of contracts subject by the other parties to accept additional obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

§ 12. Orders to bring an infringement to an end, etc.. The Competition Authority may impose on undertakings or associations of undertakings which infringes the prohibitions of § 10, § 11, or in regulations pursuant to § 14, to terminate the violation. The order may include any measure necessary to bring the infringement to an end. Structural measures can only be imposed if there are no equally effective behavioral measure or if a behavioral measure would be more burdensome for the undertaking.
Orders under subsection may be granted even if the Competition Authority imposes administrative fines against the company pursuant to § 29.

If the firm offers remedial measures in a case that could end with a decision according to § 12 first paragraph, the Competition Authority may close the case by a decision that makes the measures binding for the enterprise. Decisions pursuant to the first sentence may be passed before the Competition Authority has made a full assessment of the intervention criteria set out in the first paragraph. Competition Authority to the decision to give an assessment of the entity's behavior. Furthermore it should be considered whether and justified why the offered measures are suitable and necessary to remedy the competition issues that the Competition Authority has found. This decision shall establish that the Competition Authority will not proceed with the case under the first paragraph or § 29 if the measures are implemented. Competition Authority on a proposal from the institutions appoint a trustee to assist in implementing decisions under the first sentence. The King may issue further provisions on the manager's position. In appeals of decisions under this paragraph, the Ministry revoke or ratify Competition Authority's decision.
Competition Authority may, upon request or on its own initiative reverse a decision under subsection if

A)
facts which were material to the decision, change,

B)
enterprises acting in violation of the decision, or

C)
decision was based on incomplete, incorrect or misleading information provided by the institutions.

Competition Authority may if

A)
reasonable grounds to assume that § 10, § 11 or regulations pursuant to § 14 is breached, and

B)
risk that competition is subjected to permanent and irreparable damage,

Make an interim order of order under subsection. This does not apply if the decision is directed, suffer damage or inconvenience that is obviously disproportionate to the consideration decision must fulfill. Provisional decisions shall be taken for a limited time, but may be extended if the threat of competition exists.

§ 13. Testing in matters of principle or of major importance for society in matters of principle or major social importance King in Council may allow behavior contrary to the prohibition in § 10 or § 11, and issue orders and reverse Competition Authority's decision in accordance with § 12 first paragraph. A permit to conduct contrary to § 10 or § 11 has no effect in relation to violations of the Act's prohibition or decisions made pursuant to the Act before the permit is granted.

§ 14. Measures to promote competition if it is necessary to promote competition in the markets, the King may by regulation intervene against terms, agreements and actions that limit or is likely to limit competition contrary to legislative intent.,

§ 15. Relationship to EEA rules in §§ 10 and 11 and the regulations under § 14 applies with the limitations imposed by the EEA Competition Act § 7

Chapter 4. Control of concentrations etc.

§ 16. Intervention against concentrations, etc.. The Competition Authority shall prohibit a concentration that will significantly hinder effective competition, particularly as a result of a dominant position is created or strengthened. The ban may include supplementary provisions necessary for the purpose of the prohibition is achieved.
If the Competition Authority finds that the remedies proposed by the notifying parties will mitigate the anticompetitive effects that concentration can cause, the agency shall decide on the procedures where foretakssammenlutningen permitted in these terms. The Competition Authority may attach obligations to the decision to ensure that the conditions are met.
If a concentration is implemented, the prohibition under subsection include ordering a disposition of shares or other securities acquired as part of a concentration, or other appropriate measures to restore the competitive situation prevailing before the concentration was carried out.
Competition Authority may appoint a trustee to assist in implementing decisions under subsection. As proposed by the notifying parties, the Authority may appoint a trustee to assist the implementation of the decision pursuant to subsection. The nominee will receive remuneration and may enter into agreements on behalf of those decision is directed. The King may issue further provisions on the manager's position.
To the extent that the creation of a joint venture constituting a concentration pursuant to § 17, have as their object or effect the coordination remains independent enterprise competitive behavior, should this coordination be evaluated in accordance with § 10 with a view to determining whether it should be made against the concentration .


§ 16 a. Intervention against minority acquisition Competition Authority to prohibit the acquisition of interests in an entity even if the acquisition does not lead to control, if it would create or strengthen a significant restriction of competition contrary to legislative intent. Is acquired through successive acquisitions, may intervene against the transactions that have taken place within a period of two years from the date of the last transaction.
In procedures under subsection applies the provisions of § 16 second to fifth paragraphs accordingly.

§ 17. Definition of concentration A concentration exists when

A)
two or more previously independent undertakings or parts of undertakings merge, or

B)

-
One or more persons, already controlling at least one undertaking, or

-
One or more undertakings

Directly or indirectly, in whole or in part, durable acquires control of one or more other entities.
The creation of a joint venture on a lasting basis all the functions of an autonomous economic entity, there is a concentration within the meaning of subsection b.
Control is achieved through rights, contracts or any other means which, individually or together, factual or legal matters taken into account, makes it possible to exercise decisive influence over an enterprise, especially

A)
ownership or use of an enterprise's total assets or parts of them,

B)
rights or contracts which confer decisive influence over an undertaking's bodies with regard to the composition, voting or decisions.

Control is acquired by persons or undertakings

A)
holders of such rights or entitled to rights under such agreements, or

B)
without being holders of such rights or entitled to rights under such agreements, can exercise the rights arising from them.

The King may issue further regulations on what should be covered by subsection.

§ 18. Notification of concentrations, etc.. The parties to a merger pursuant to § 17 first paragraph a or the person or persons jointly or separately lasting acquiring control pursuant to § 17 subsection b, will inform the Competition Authority about the concentration by a message.
Notification requirement under subsection does not apply

A)
if the undertakings have a total annual turnover in Norway under 1 billion, or

B)
if only one of the undertakings have an annual turnover in Norway over 100 million.

Competition Authority may require notification of concentrations that are exempt from the notification requirement pursuant to subsection if the Authority finds reasonable grounds to assume that competition is affected or if special circumstances warrant that audit examines the concentration closer. Such order may be issued later than three months after the final agreement is signed or control is acquired. The period shall run from the first inconvenience.
If a concentration consists in the acquisition of parts of one or more undertakings, whether they are independent legal entities or not, the calculation of turnover under subsection for the seller or sellers' concerned taking into account only the turnover of the other part of the concentration. If within a period of two years carried out two or more transactions as mentioned in the first sentence between the same persons or undertakings, they shall nevertheless be treated as one and the same concentration, with effect from the day the last transaction takes place.
Competition Authority may order message for the acquisition of holdings in companies referred to in § 16 a. Such order may be issued later than 3 months after the final agreement for the acquisition of shares.
Concentrations are exempt from the notification requirement under subsection and the acquisition of holdings in companies referred to in § 16 a, can be reported voluntarily to the Competition Authority to clarify whether it is an intervention.
Message according to the first, third, fifth and sixth paragraphs deemed received only when the requirements of § 18 b are fulfilled. The same applies to simplified notification pursuant to regulations pursuant to § 18 a fourth paragraph.
A concentration covered by the rules on control of concentrations to the EEA Agreement Article 57 are exempt from the general notification requirement in the first paragraph.
King may issue regulations concerning the calculation of turnover pursuant to subsection notification of concentrations that are exempt from the notification requirement under subsection in industries where special considerations justifying the notification obligation and the publication of the messages.

§ 18 a. What message should contain Notification pursuant § 18 first paragraph should contain

A)
contact the merging parties or the party acquiring control,


B)
Description of the concentration;

C)
Description of the undertakings and group companies,

D)
names of the five main competitors, customers and suppliers in the markets in Norway, or which Norway is a part of, which the undertakings and group companies have horizontal overlapping activities,

E)
account of horizontally and vertically affected markets. A market is horizontally affected if at least two of the parties are active on the same product market and the parties' combined market share exceeds 20 percent. Vertically affected markets are the markets where one party operates in a preceding or subsequent paragraph to a market where another party operates and their combined market share exceeds 30 percent in each of the respective markets. The report must include a description of the structure of the affected markets, description of the undertakings concerned main competitors, customers and suppliers in the affected markets, and description of any barriers to entry in the affected markets,

F)
a brief description of vertically overlapping markets where a concentration is between a party operating in a preceding or subsequent part of a product market in which another party operates, and the parties' individual or combined market share exceeding 30 percent at least one of these markets. The description of these markets shall include at least the parties' three main competitors, customers and suppliers,

G)
report any efficiency gains

H)
information whether the concentration is subject to supervision by other competition authorities,

I)
latest version of the agreement on concentration with annexes and

J)
those undertakings recent annual financial statements.

By establishing joint ventures message must also contain information on the parent companies still operating in the same market as the joint venture or at an earlier or later part of the supply chain or on a closely related market.
Competition Authority may in individual cases lenient requirements for notification under subsection.
The King may issue regulations on detailed requirements for the content of the message after the first paragraph, including rules on simplified messages derogating content requirement in the first paragraph.

§ 18 b. Confidential information Whoever in the treatment of a concentration, or a minority acquisition, providing information subject to statutory confidentiality to the competition authorities in accordance with § 18 and § 24 first paragraph, or suggestions for remedial measures in accordance with § 16 subsection shall clearly indicate or mark such information and give reasons for its opinion. Declarant shall also submit proposals for a public version. If the first sentence are not met, the competition authorities may assume that the sender does not oppose the granting of access to information.
The King may issue regulations concerning public versions and grounds duty as mentioned in the first paragraph.

§ 19. Implementation Prohibition Concentrations governed by the provisions of § 18 first paragraph, should not be implemented before the Competition Authority has terminated the proceedings. The same applies if the Competition Authority has ordered notification pursuant to § 18, third or fifth paragraph, notice is given in accordance with § 18 sixth paragraph or notification requirement under the regulations given under § 18 paragraph nine.
Competition Authority may, upon application by the notifying parties make exceptions to the prohibition against implementation under subsection in individual cases. The Competition Authority may by regulations make exceptions to the prohibition against implementation of groups of companies.

§ 20. Decisions Decisions pursuant to § 16 and § 16a taken by the Competition Authority on the basis of notification pursuant to § 18, first, third, fifth or sixth paragraph, or on the basis of notification pursuant to regulations issued pursuant to the ninth paragraph.
Competition Authority must, within 25 working days from receipt of the notification, notify that decision may be applicable. In the notification the Competition Authority must show that there are reasonable grounds to assume that the concentration or acquisition referred to in § 16a will create or strengthen a significant restriction of competition contrary to legislative intent. Given no such notification, the Competition Authority may not intervene pursuant to § 16 or § 16 a.
If the notifying parties submit proposals as remedial measures within 20 working days from notification, extended Competition Authority deadline under subsection 10 working days. Put forward proposals within the deadline, the Competition Authority within 35 working days decide on the procedure that allows the concentration on the proposed terms. Such decisions can be taken without the parties being given notice.

Competition Authority must as soon as possible and no later than 70 working days from receipt of the notification, make a decision that vindicates proposal put forth remedial measures by the notifying parties or present a reasoned proposal for a ban decision. If the notifying parties submits new or revised proposals for remedial measures later than 55 working days from notification, extended Competition Authority deadline under the first sentence accordingly, however, that the deadline can not exceed 85 working days from receipt of the notification. The proposed ban resolutions submitted to the parties for comment with a deadline of 15 working days. Competition Authority must take its decision within 15 working days of receipt of the parties' statement. If it is put forward a new or revised proposals for remedial action by the Competition Authority has presented a motivated proposal to ban decision, the deadline for a decision is extended by 15 working days. At the request or consent of the notifying parties may deadline in fifth sentence be further extended by up to 15 working days.
Proposed remedial measures is not considered filed until the proposal for a public version of the proposal in accordance with § 18 b is filed. The deadlines in the second, third and fourth paragraphs of the Competition Authority's investigation does not begin to run before the Competition Authority has received a proposal for a public version of the documents pursuant to § 18 b.
Deadlines in second and fourth paragraphs of the Competition Authority's investigation stops running if some of the undertakings after receiving a written request to provide information within a certain time limit, does not meet the requirement. The requirement is not considered fulfilled before the Competition Authority has received a proposal for a public version of the documents pursuant to § 18 b. The parties shall be informed that the deadline has stopped running. The term commences once the Competition Authority received the information requested.
If the Competition Authority finds that there are no grounds for intervention under § 16 or § 16 a, the notifying parties shall be notified in writing that the case be dismissed. In cases where the Competition Authority has warned that intervention may take place after the second paragraph, the notification shall briefly state why there are no grounds for intervention. Competition Authority to terminate proceedings as soon as possible.
The King may issue regulations concerning public versions of documents as mentioned in the fifth and sixth paragraphs.

§ 20 a. Complaint and repealing Decisions as mentioned in § 20 may be appealed within 15 working days. Competition Authority to bring the complaint to the Ministry within 15 working days after it is received. The Ministry must decide on the appeal within 60 working days after the complaint is received. The provisions on time limit interruptions in § 20 sixth paragraph applies correspondingly to the Ministry procedural deadlines. In appeals of decisions under § 16, second paragraph, the Ministry's decision just go out to revoke or ratify Competition Authority's decision. The rules regarding appeals in Chapter VI of the Public Administration as appropriate.
If the Ministry revoke a decision pursuant to § 16 subsection because the concentration can not create or strengthen a significant restriction of competition, the case is finally settled. In a revocation on other grounds the Competition Authority may adopt a new decision under § 20 first paragraph. The provisions of § 20 subsections do not apply. Authority must as soon as possible and at the latest within 45 working days of the decision was reversed decide on the procedure that allows the concentration on conditions proposed by the notifying parties or present a reasoned proposal for a ban decision. If the notifying parties submit proposals as remedial measures later than 35 working days from the abolishment of the decision extended the Competition Authority's deadline accordingly. The provisions of § 20, fourth to seventh paragraphs shall otherwise apply to the extent applicable.

§ 21. Testing in matters of principle or of major importance for society in matters of principle or major social importance King in Council may allow a concentration or an acquisition of Shares Competition Authority has intervened in accordance with § 16 and § 16 a. may be set for such a permit.
If the conditions in § 16 first paragraph or § 16 a subsection are met, the King in Council in matters of principle or of major importance for society make decisions in accordance with §§ 16, 16 a and 18 deadlines in §§ 18, 20 and 20 a shall not apply to decisions made under this subsection. King in Council can however not intervene against a concentration or an acquisition of Shares later than 12 months after it has entered into a definitive agreement or control is acquired.

§ 21a. Relationship with EEA competition law provisions of this chapter shall apply with the limitations imposed by the EEA Competition Act § 7a and regulations issued pursuant to the EEA competition law.

Chapter 5. Price information and publicity


§ 22. Freedom Competition Authority and the Ministry shall publish its decisions. Publication shall names of the parties and the decision main content stated. Information subject to confidentiality under the Public Administration § 13 first paragraph. 2 can be made public if it is necessary to disclose the decision main content.

§ 23. Price information etc. The Competition Authority may, if it is necessary to promote competition, require firms to note, post a notice about or provide other information on price, terms and quality from the sale of goods and services. The King may issue regulations concerning the same.

Chapter 6. Processing of surveys and control

§ 24. Duty of disclosure and scrutiny Everyone is obligated to provide competition authorities with the information demanded by these authorities to carry out their statutory duties or to fulfill Norway's obligations under agreements with foreign state or an international organization. Information may be required in writing or orally within a specified period, both from individuals and from groups of enterprises and can be recorded and stored as audio recordings.
On the same conditions as mentioned in the first paragraph competition authorities for investigation to require any type of information and sources of such information.
Information required by subsections may be granted notwithstanding the statutory duty of confidentiality that otherwise apply to the tax authorities, other tax authorities and authorities responsible for supervising public regulation of commercial activities.
Subsections applies even if it is decided evidence under § 25
King may by regulations lay down detailed rules for information and investigation.

§ 25. Evidence In order to search for evidence the Competition Authority, where there are reasonable grounds to assume that the law or decision made under the Act have been violated, or it is necessary to fulfill Norway's obligations under agreements with foreign states or international organization, require

A)
to gain access to premises, land, vehicles and other storage areas where there may be evidence of a violation,

B)
to gain access to housing if there are reasonable grounds to believe that evidence is stored there,

C)
including things that may be significant as evidence for further investigation and

D)
to seal business, books or papers while the investigation and deemed necessary.

Original documents may be taken when the original itself is believed to be of particular value as evidence, when evidential value will be reduced by copying or when the document is believed to be a particularly important evidence for violation of provisions of this Act. When the Competition Authority takes the original documents pursuant to this provision, the controlled given copies of the documents, provided it can be done without harm or danger to the investigation.
A request for access to the evidence submitted by the Competition Authority for the district court in the place where it is most practical to happen. The court will make its decision before securing of evidence is implemented. The court's decision shall specify the purpose, including the type of violation and what market audit examines. The petition is directed shall not notified of the application or decision. An appeal against the decision has not suspensive effect. Criminal Procedure Law § 200 and § 201, first paragraph, §§ 117 to 120, re. §§ 204, 207, 208, 209, 213 and Chapter 26 and Administration Act § 15 subsection applies to the extent applicable.
The controlled to receive a copy of the seized electronic materials. When the Competition Authority begins review of seized electronic material, the controlled or his representative the right to be present in order to ascertain whether the material contains information covered by confidentiality as stated in the Criminal Procedure Act §§ 117 to 120. If the controlled and the Competition Authority is not agreed information is covered by professional secrecy as referred to in the Criminal Procedure Act §§ 117 to 120, this should be decided by the district court.
Competition Authority may require the assistance of the police to implement the decision to secure evidence.
If there is no time to await a court decision, the Competition Authority may request the police to seal off areas where evidence may be until the court decision is available.
King may by regulations adopt further rules of evidence and treatment of surplus information.


§ 26. Disclosure of infringement cases as long as the case is not concluded, applies not Freedom of Information Act in cases concerning violation of §§ 10, 11, 18, first paragraph, 19 first paragraph or decisions pursuant to this Act. The same applies to documents received by the Competition Authority in connection with a leniency applications or settlement proceedings under § 29 a, even after the case is closed. A case is not considered as terminated if the Competition Authority crave prosecution or prosecution finds that the public prosecution is required strong public interest.
Company or persons Competition Authority investigator for infringement of competition law, 1 shall upon demand be permitted to familiarize themselves with the documents, if it can be done without damage or risk to the investigation or any third party. Administration Act § 19 shall apply accordingly. If the request denied, the question required settled out of court by court. If the investigation involves multiple entities or persons, the right of access not only documents regarding other companies or people.

§ 27. Confidentiality of sources' identity and guilt statements in leniency applications and settlement posts Anyone performing services or labor for competition authorities, have a duty of confidentiality regarding the identity of an undertaking or person that provides tips on violation of § 10 or § 11. The duty of confidentiality also applies to the case parties and their representatives. Requests for imposition of termination after konkurranseloven1 § 12 are not covered by confidentiality.
Anyone performing services or labor for competition authorities, have confidence information that originated in declarations of an entity on its knowledge of a violation of § 10 and the firm's own participation in the infringement, and which is prepared specifically for the purpose obtain leniency, or as part of settlement negotiations in accordance with § 29 a.
the rules of the Administrative Act §§ 13 to 13e corresponding to the extent applicable.

§ 27 a. Access to information subject to confidentiality party or a party representative who becomes aware of the information mentioned in § 27, second paragraph, the confidentiality of the information and can use them as far as is necessary to safeguard the party's interest in the case .
Anyone with a legal interest in a completed case of a violation of § 10, § 11, or an order pursuant to § 12 shall also be given access to information that is subject to professional secrecy, unless disclosure would be unreasonable to the information concerns. The right of access does not apply to information subject to confidentiality under § 27. Will it demanded access to confidential information pursuant to this paragraph shall be those entitled to confidentiality, informed and be given a period to comment on the issue. Refusal of a request for access may be appealed to the Ministry. The provisions of the Public Administration Act chapter VI apply correspondingly.

Chapter 7. Sanctions and fines

§ 28. Coercive fines To ensure that individual under this Act and orders pursuant to § 24 are complied with, the Competition Authority may decide that the decision is directed, shall pay a daily fine to the state until the situation is rectified.
Competition Authority decides when fine takes effect. The Competition Authority may fully or partially waive the requirement for periodic penalty payments.
The King may issue further regulations concerning the imposition of fines.

§ 29. Violation charges An enterprise or association of undertakings subject to administrative fines if the undertaking or association of undertakings or anyone acting on their behalf, either intentionally or negligently

A)
violates §§ 10, 11, 18, first paragraph, or 19 subsection

B)
violates decisions under §§ 12, 16, 16a or 23

C)
fails to comply with an order pursuant to §§ 18, third or fifth paragraph, 24 or 25,

D)
provide incorrect or incomplete information to the competition authorities,

E)
switch sealing undertaken pursuant to § 25,

F)
violates regulations under 14, §§ 18 paragraph nine or 23, or

G)
contribute to violations of af.

Competition Authority imposes administrative fines. In determining the amount of the fee, particular emphasis on the company's turnover, seriousness of the violation and duration, as well as leniency under § 30 and § 31
Decisions on administrative penalties can not be appealed. Administrative fines are payable two months after the decision. Decisions on violation fines are enforceable by execution. If the firm goes into action against the State for reviewing the decision, enforcement is suspended. The lawsuit must be brought within six months from the parties received the decision. Reinstatement may be granted over the time limit pursuant to the Civil Procedure Act §§ 16-12 to 16-14. The court may consider all aspects of the case. Disputes Act applies otherwise to the extent appropriate.

The right to be imposed after 10 years in violation of § 10 or § 11 of this Act. Other infringements barred after five years. The deadline is interrupted by the Competition Authority takes steps to secure evidence under § 25 or informs an undertaking that there is suspicion of violation of law or decisions made pursuant thereto.
King may issue more detailed rules on the calculation of fines.

§ 29 a. Reduced violation charges by cartel settlement establishment of a cartel settlement under this section involves a violation penalty under § 29 by violation of § 10 is reduced by 10 percent.
If the Competition Authority considers a case suited to cartel settlement, it may invite one or more undertakings to settlement negotiations. Authority must then present your case, the evidence in the Authority's possession and the Authority's preliminary assessment of the possible infringement and inform about any financial penalty assessed imposed.
If the case is suitable for cartel settlement, the Competition Authority undertaking a period of at least 15 working days to design a settlement posts. The post should contain an unconditional admission of the infringement, the maximum level of the penalty is undertaking to accept, a confirmation that the company has gained access to the Authority's evidence and confirmation that the company wishes to enter into cartel settlement with the limitations this entails for the requirements of the Competition Authority's consultative and grounds duty. Party or representative who becomes aware of the settlement post has secrecy about information and may only use them as far as is necessary to safeguard the party's interest in the case.
When conciliation posts are received by the Competition Authority granted the company a notice with a deadline. After expiry of the deadline, the decision on reduction in fines under this section.
If the entity after receiving the advance notification did not want to enter into cartel settlement case will follow the ordinary procedural track in infringement cases. Conciliation post can not be used as evidence in the case.
Reduction of a penalty under this section are in addition to any reduction in accordance with §§ 30 and 31
Ministry may issue regulations concerning cartel settlement.

§ 30. Full leniency of a penalty for violation of the Competition Act § 10 Hel leniency of a penalty for violation of § 10 shall be given to the first entity in connection with a particular case meets the following conditions:

A)
Company submits its own initiative all evidence in its possession in accordance with the procedure in the second paragraph. This evidence must be sufficient to

In.
Get decision on evidence under konkurranseloven1 § 25 in connection with a supposed violation of konkurranseloven1 § 10. The Competition Authority must at the time the information is presented not possess sufficient evidence to require such a decision, or

Ii.
Prove infringement of konkurranseloven1 § 10. The Competition Authority must at the time the information is presented not possess sufficient evidence for such a violation.

B)
Company collaborates on its own initiative fully throughout the Competition Authority proceedings.

C)
Company terminates its own initiative with participation in the infringement unless Competition Authority requests otherwise.

D)
Company has not sought to oblige other undertakings to participate in the infringement.

Presentation of evidence pursuant to subsection A can happen

A)
upon submission simultaneously with leniency applications,

B)
by the investment firm provides a clear description of evidence material nature and content and to submit all evidence within a deadline set by the Competition Authority, or

C)
by undertaking given a priority right to leniency from the time it was submitted a claim for leniency while undertaking collect evidence. The priority right to leniency is only valid for a limited period established by the Competition Authority.

§ 31. Partly leniency of a penalty for violation of the Competition Act § 10 Enterprises that do not meet the conditions for full leniency in § 30 shall be granted partial leniency regarding the violation charge if the firm submits evidence that significantly strengthens the Competition Authority's ability to prove an infringement of competition law § 10 and meets the conditions of § 30 first paragraph letter b and c. the rules on evidence disclosure in § 30 subsection shall apply accordingly.
The first entity in a particular case satisfy the requirements of this provision is granted a reduction of 30 to 50 percent. The second undertaking which in the situation meets the conditions of this provision is granted a reduction of 20 to 30 percent. Other undertakings in the same case satisfying the requirements of this provision is granted a reduction of up to 20 percent.

By the further determination of leniency by the second paragraph shall be taken into account where early evidence was submitted, the strength of the presented evidence and the extent to which the company has collaborated with the Competition Authority.
The King may issue regulations concerning full and partial leniency of a penalty under § 30 and § 31

§ 32. Penalties fines or imprisonment up to three years anyone who willfully or through gross negligence

A)
violates §§ 10, 18, first paragraph, or 19 subsection

B)
violates decisions under §§ 12 first or fifth paragraph, 16 or 16 a,

C)
fails to comply with an order pursuant to § 24 or § 25,

D)
provide incorrect or incomplete information to the competition authorities,

E)
switch sealing undertaken pursuant to § 25, or

F)
violates regulations pursuant to § 14

Is a violation of § 10 conducted under especially aggravating circumstances, imprisonment for up to six years employed. When deciding whether particularly aggravating circumstances exists, it shall be given to whether the infringement has been sought kept hidden, whether it has caused considerable economic damage, it has provided significant economic benefit and the roughness of the infringement.
Company shall not be punishable under this section or under the Criminal Code § 27 for violation of this Act.

§ 33. Conditional prosecution Infringements which is punishable under § 32, is only subject to public prosecution when there is prosecution at the request of the Competition Authority or required by the strong public interest. The King may issue regulations concerning the prosecution under the first sentence.

§ 34. Limitation Claims that a violation of this law and the EEA Agreement Article 53 and 54 apply to the Limitation Act, including § 9 and § 11
Although the limitation period has elapsed, can claim as mentioned in subsection moreover put forward by separate lawsuits. Such action must be brought within one year after it is a final decision or final judgment in the case.

Chapter 8 Appeals for competition matters

Chapter 8. Commencement, etc.

§ 35. Commencement This Act applies when the King bestemmer.1
From the same date the Act 11 June 1993 No.. 65 on Competition in Commercial Activity.

§ 36. Transitional provisions Regulations, statutes, regulations and directives are issued pursuant to the Act of 11 June 1993 no. 65 on Competition in Commercial Activity still apply insofar as appropriate, until the King repeals or amends them in pursuance of this Act or by special provision.
In pursuance of Law 11 June 1993 No.. 65 on Competition in Commercial Activity maintained for the period stipulated in the decisions until they are amended or repealed pursuant to this Act or by special provision of the King.
Administrative fines and penalties under this Act shall only apply to offenses committed after its entry into force.
King may issue such transitional provisions necessary.

§ 37. Amendments to other Acts From the time the law comes into force the following amendments to other Acts - - -