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Law On Implementation And Enforcement Of The Eea Competition Rules, Etc. (Eea Competition Act)

Original Language Title: Lov om gjennomføring og kontroll av EØS-avtalens konkurranseregler mv. (EØS-konkurranseloven)

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Law of review and control of the EBeer Agreement's competitive rules mv. (EES-competitive law).

Date LO-2004-03--05-11
Ministry of The proximity and the fisheries Department
Last modified LAW-2013-06-14-35 from 01.01.2014
Published In 2004 booklet 4
Istrontrecation 19.05.2005
Changing LAW-1992-11-27-110
Announcement
Card title The EES-competitive law

Jf. former law 27 Nov 1992 No. 1 110. -Jof. The EES Agreement Article 53, 54, 55, 57, 58 and attachment XIV, ODA, herunder particularly protocol 4. Jf. law of 27 nov 1992 number 109 of review in the Norwegian right of the main part in the Agreement of the European Economic Area (EDS) m.v. SECTION 2.

SECTION 1. The enforcement of the EBeer Agreement's competitive rules

The EFTAs surveillance organ and the EFTA court enforce the EBeer Agreement's competitive rules in accordance with this law Section 2 to 5 and 9 with regulations. Norwegian competitive authorities and courts enforce the EES agreement Article 53 and 54 in accordance with this law Section 6 to 9.

SECTION 2. Illumination and exception from the secrecy

Any duties without the obstruction of secrecy to provide the EFTA's surveillance organ and the EFTA court the information organs may require in accordance with the EFTA states on the creation of a surveillance organ and a court or regulation given in co-hold of Section 5. It can be set deadline for when information is to be issued.

The competition authority can by the request of the EFTAs surveillance organ require corresponding information.

Any one should without the hurdle of secrecy, within the framework of the EES agreement provides, have the right to answer inquiries from the European Commission and the EF Court of Justice.

Without the hurdles of legislated, Norwegian authorities may provide the EFTAs surveillance organ and the Commission all the information necessary to enforce the competitive rules of the EES agreement.

SECTION 3. Control made of EFTAs surveillance organ

By control as taken by the EFTAs surveillance organ or the Conpetitions by the request of the EFTAs surveillance organ in accordance with Section 5, the competition law applies Section 24 and 25 equivalent.

When the courthouse tries a motion for evidence safeguards after the competitive law Section 25 different joints, the court's ordeal is regulated by the rules in the third to the seventh clause.

By motion of the evidence safeties that apply to premises, real estate and transportation funds belonging to enterprises or the composition of enterprises, the court of EFTAs surveillance organ's ordinance is authentic and that the planned coercion is neither arbitrary or goes too far in relation to the control's item.

When the court on motion of evidence safeguards on suspicion of violation of the ESIS agreement Article 53 or Article 54 samples of the compulsorties are relationship-free, it can directly or through the Competitive Board of EFTAs surveillance organ about closer explanations, especially about what reasons EFTAs surveillance organ has to suspect that there has been a violation of the EAIS agreement Article 53 or Article 54, how serious the perceived violation is and in what way the affected enterprise has co-worked.

Upon motion of evidence safeguards on suspicion of violation of the EES agreement Article 53 or Article 54 that applies to other premises, real estate and transport funds than mentioned in third clause, herunder private homes, the court is attempting the ordinance from EFTAs The surveillance organ is authentic and that the planned compultials are neither arbitrary or going too far, especially in relation to how serious the perceived violation is, the meaning of the desired evidence, the affected enterprise's complicity and the reasonable likelihood that books and business documents apply The control of the object, is retained in the premises requested by permission. The court can directly or through the Competitive Authority of the EFTAs surveillance organ about further explanations of the conditions it must have knowledge of it to be able to try if the planned compulsorties are relationship-made.

When the court at the petition of evidence safeguards the provision of fusion control tests whether the compulsions are relationship-free, it can directly or through the Competitive Board of EFTAs surveillance organ about further explanations of the control of the item.

The court may yet after third to sixth clause neither try the necessity of the control or demand to obtain the information contained within the EFTAs surveillance organ case documents. It is the EFTA court's task to try the legality of the ordinance from the EFTAs surveillance organ.

The EFTAs surveillance organ and the Commission may be present at and participate in control as taken by the Competitive Health within the frames the EES agreement provides.

The Competitive and Commission can be present at and participate in control as taken by the EFTAs surveillance organ within the frames of the EES agreement provides.

0 Modified by law 17 des 2004 # 100 (ikr. 1 July 2005 ifg. pass 1 July 2005 No. 729).
SECTION 4. Civil rights fines and compulsily

The EFTAs surveillance organ and the EFTA Court of Justice can illay enterprises or coincide with enterprise civil fines for intentional or negligence violation of the EDS Agreement Article 53, 54 or 57, the provisions of the EES Agreement Attachment XIV, the provisions of Agreement between the EFTA states about the creation of a surveillance organ and a court protocol 4, as well as the ordinance authored in co-hold of mentioned regulations.

The authorities mentioned in the first clause may also determine foreclosure to the completion of the ordinance authored with the home of the provisions mentioned in the first clause.

SECTION 5. Prescription

The king can provide regulations on review and enforcement of the competitive rules of the EES Agreement and Agreement between the EFTA states about the creation of a surveillance organ and a court.

SECTION 6. Norwegian competitive authority enforcement of the EES Agreement Article 53 and 54

Norwegian competitive authorities shall, with the limitations as follows by the EFTA states about the creation of a surveillance organ and a court and regulations granted in co-hold of Section 5, lead supervision that the EES Agreement Article 53 and 54 overheld. The competition law Section 12, 22 and 24 to 32 applies accordingly.

When the competitive authorities hit decisions according to the EES Agreement Article 53 and 54 about agreements, decisions or performance that are already subject to a decision from EFTAs surveillance organ, they cannot hit decisions that are in violation of the decision that EFTAs surveillance organ has hit.

Competitive authorities may decide that the Group Exemption Group exemption after the EES Agreement Article 53 # 3 should not be applicable to specific enterprises in the extent and on those terms as the EFEC agreement, Agreement between the EFTA states about the creation of a surveillance organ and a court and regulations granted in co-hold of Section 5, determines.

The mean competitive authorities that a case should be treated by a surveillance organ is passed the case to the EFTAs surveillance organ. In such case, the management of the Management Act does not apply to the treatment of cases that apply to individual ordinance.

0 Modified by law 14 June 2013 # 35 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 633).
SECTION 7. The relationship between Norwegian competitive law and the EES agreement Article 53 and 54

When the competition authorities or the courts of the courts are facing agreements of agreements, decisions hit by the composition of enterprises and co-arranged performance, as referred to in the EES Agreement Article 53 No. 1, which can affect the intertrade between the EES states referred to in mentioned article, they will also be invoking the EAIS agreement Article 53 on such agreements, decisions and co-arranged performance. When the competition authorities or the courts of the courts of Norwegian competitive exploitation are prohibited from the EES Agreement Article 54, they will also be invoking the EBeer Agreement Article 54.

The impact of Norwegian competitive laws must not lead to the ban on agreements, decisions struck by the interdiction of enterprises and co-arranged performance, which could affect the trade between the EES states, but that do not limit the competition referred to The EES deal Article 53 # 1, or that meet the terms of the EES agreement Article 53 # 3, or as authored by a team exemption after the EES Agreement Article 53 # 3. The competition authorities are not after this provision prevented from invoking more restrictive Norwegian legislation prohisting or sanctions on unilateral behavior.

With reservations for common principles and other provisions of the EES court, first and other clauses are not subject to the Applicability when the competitive authorities and the courts are invoking Norwegian legislation on the control of enterprises, and they rule out Nor is the applicability of the provisions of the legislation that primarily promotes a different purpose than the purpose of the promotion of the EAIS agreement Article 53 and 54.

Section 7a. Transfer of matters of enterprises to the Commission

The competition authority can transfer the treatment of a case of enterprises to the Commission by the rules of the EES agreement protocol 24.

0 Added by law 17 des 2004 # 100 (ikr. 1 July 2005 ifg. pass 1 July 2005 No. 729).
SECTION 8. Domenstoles decisions after the EES deal Article 53 and 54

When the courts hit decisions according to the EES Agreement Article 53 or 54 about agreements, decisions or performance that are already subject to a decision from the EFTAs surveillance organ, they cannot hit decisions that are in violation of it decision that EFTAs surveillance organ has hit. The courts should also not meet decisions that will be in violation of a decision that EFTAs surveillance organ has for intent to hit when it has launched case management. The courts can delay the case in anticipation of such a decision. These obligations do not touch the rights and duties of Article 34 of the Agreement between the EFTA states about the creation of a surveillance organ and a court.

0 Modified by law 17 des 2004 # 100 (ikr. 1 July 2005 ifg. pass 1 July 2005 No. 729).
SECTION 9. Entry directly opposite the courts

The Competitive Authority can on its own initiative provide written posts for the courts in question of the applicability of the EES Agreement Article 53 and 54. With permission from the appropriate court, the Conpetitions can also give munoral posts.

If a singular Applicability of the EBeer Agreement Article 53 and 54 requires it, the EFTAs surveillance organ on its own initiative can provide written posts for the courts. With permission from the appropriate court, the EFTAs surveillance organ can also give munoral posts.

Excluding to be able to devise such posts, the Conpetitive and EFTAs surveillance organ requested the appropriate court to send them, or ensure that they receive the shipped, all necessary documents for assessment of the matter.

SECTION 10. Istrontrecation

The law applies from the time the King decides. 1

From the same time, law is repeait 27 November 1992 # 110 about competitive rules in the EES deal mv.

1 The law was placed in effect from 1 May 2004 ifg. res. 5 March 2004 # 478, but this determination was repealer ifg. res. 30 apr 2004 # 681 Sat ikr. 19 May 2005 ifg res. 19 May 2005 # 434.
SECTION 11. Overtime Regulations

The effective fee and punishment after this law comes only to the Applicability of violations committed after the law of law.

The writings given in the co-hold of the law of 27. November 1992 # 110 about competitive rules in the EBeer Agreement mv. still applies as far as they fit, until the King repor changes these in co-hold of this law or by special provision.

SECTION 12. Changes in other laws

From the time the law takes effect, the following changes are made in other laws :---