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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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-03-05-11

Law on implementation and enforcement of the EEA competition rules, etc. (EEA Competition Act).


Date LOV-2004-03-05-11


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2013-06-14-35 from 01/01/2014


Published in 2004 Booklet 4


Commencement 19.05.2005

Changes
LOV-1992-11-27-110

Promulgated


Short Title
EEA Competition Act

Ref. former Law 27 November 1992 no. 110. - Cf.. EEA Articles 53, 54, 55, 56, 57, 58 and Annex XIV, ODA, including in particular Protocol 4. Cf.. Law of 27 November 1992 No.. 109 on implementation in Norwegian law by the main body of the Agreement on the European Economic area (EEA), etc. § 2.

§ 1. Enforcement of the EEA competition rules the Commission and the Court enforces the EEA competition rules in accordance with this Act §§ 2 to 5 and 9 with regulations. Norwegian competition authorities and courts enforce EEA Articles 53 and 54 in accordance with this Act §§ 6 to 9.

§ 2. Duty of disclosure and exceptions to confidentiality Any duties notwithstanding the confidentiality to provide the Commission and the Court with the information organs may require under the EEA Agreement, the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court or regulations issued pursuant to § 5. There may be a time limit for when information shall be provided.
Competition Authority may request from the Commission may require similar information.
Everyone shall notwithstanding the confidentiality within the framework of the EEA Agreement provides, have the right to respond to inquiries from the European Commission and the ECJ.
Notwithstanding the statutory duty of confidentiality may Norwegian authorities provide the Commission and the Commission all information necessary to enforce the competition rules of the EEA Agreement.

§ 3. The control carried out by the Commission At controls carried out by the Commission or the Competition Authority at the request of the Commission in accordance with regulations issued pursuant to § 5, the Competition Act §§ 24 and 25 correspondingly.
When court trying a request for evidence under the Competition Act § 25, second paragraph, the court trial directly regulated by the provisions of the third to seventh paragraphs.
When requests for evidence as regards access to premises, land and vehicles belonging to undertakings or associations of undertakings, trying court EFTA Surveillance Authority is authentic and that the coercive measures envisaged are neither arbitrary nor excessive in relation to the subject matter.
When the court by petition for evidence on suspicion of violation of the EEA Agreement Article 53 or Article 54 coercive is proportionate, it may directly or through the Competition Authority may request the Commission for detailed explanations, in particular on the grounds the Commission has to suspecting an infringement of the EEA agreement Article 53 or Article 54, the seriousness of the suspected infringement and the way in which the undertaking concerned.
When requests for evidence upon suspicion of breach of the EEA Agreement Article 53 or Article 54 as regards access to other premises, land and means of transport other than those mentioned in the third paragraph, including private homes, try the court decision by the EFTA Surveillance Authority is authentic and that the coercive measures envisaged are neither arbitrary nor excessive, particularly in relation to the seriousness of the suspected infringement, the importance of the evidence sought, the affected entity concerned and to the reasonable likelihood that business books and records relating to the subject matter kept in the premises the authorization is requested for. The court may direct or through the Competition Authority may request the Commission for detailed explanations of the circumstances it must be familiar for it to be able to try on the planned coercive measures are proportionate.
When the court by petition for evidence under the EEA Agreement on merger control coercive is proportionate, it may directly or through the Competition Authority may request the Commission for detailed explanations relating to the subject matter.
Court may still after the third to sixth paragraphs neither the necessity for the inspection nor demand to get the information in the EFTA Surveillance Authority's file. It is the Court's task to challenge the legality of the decision of the Commission.
Commission and the Commission may be present at and participate in controls carried out by the Competition Authority within the framework of the EEA Agreement provides.
Competition Authority and the Commission may be present at and participate in controls carried out by the Commission within the framework of the EEA Agreement provides.


§ 4. Civil penalties and fines the Commission and the Court may impose on undertakings or associations of undertakings civil fines for willful or negligent violation of the EEA Agreement Article 53, 54 or 57, the provisions of the EEA Agreement Annex XIV, provisions the Agreement between the EFTA States on the establishment of a Surveillance Authority and a court protocol 4, as well as decisions taken in pursuance of those provisions.
The authorities mentioned in the first paragraph may also impose a penalty for the implementation of decisions made pursuant to the provisions mentioned in the first paragraph.

§ 5. Regulations The King may issue regulations on implementation and enforcement of competition rules in the EEA Agreement and the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court.

§ 6. Norwegian competition authorities enforcing the EEA Agreement Article 53 and 54 Norwegian competition authorities shall, subject to the limitations imposed by the EEA Agreement, the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court and regulations issued pursuant to § 5, overseeing the EEA Articles 53 and 54 are complied with. Competition Act §§ 12, 22 and 24 to 32 shall apply correspondingly.
When competition authorities make decisions according to the EEA Agreement Article 53 and 54 on agreements, decisions or practices which are already the subject of a decision by the Commission, they can not make decisions that are contrary to the decision of the EFTA Surveillance hit.
Competition authorities may decide that the regulations on group exemptions under the EEA Agreement Article 53. 3 shall not be applicable to a particular entity to the extent and under the conditions of the EEA Agreement, the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a court and regulations issued pursuant to § 5, stipulates.
Believe competition authorities that a case should be dealt with by a Surveillance, sent the case to the Commission. In such cases do not apply Administration Act for the treatment of matters relating to individual decisions.

§ 7. The relationship between Norwegian competition law and EEA Articles 53 and 54 When the competition authorities or courts applying Norwegian competition law to agreements, decisions by associations of undertakings and concerted practices, as discussed in the EEA Agreement Article 53. 1, which may affect trade between Member States as referred to in that Article, they shall also apply the EEA agreement Article 53 of such agreements, decisions and concerted practices. When competition authorities or courts applying Norwegian legislation on competition abuse prohibited under the EEA Agreement Article 54, they shall also apply the EEA Agreement Article 54
The application of Norwegian competition law must not lead to the prohibition of agreements, decisions by associations of undertakings and concerted practices which may affect trade between Member States but which do not restrict competition as referred to in the EEA agreement Article 53. 1, or which fulfill the requirements of the EEA agreement Article 53. 3, or covered by a block exemption under the EEA agreement Article 53. 3. the competition authorities are not under this provision prevented from applying more restrictive Norwegian legislation prohibiting or sanctioning undertaking unilateral conduct.
Without prejudice to general principles and other provisions of EEA law, the first and second paragraphs do not apply when the competition authorities and courts applying Norwegian legislation on control of concentrations, and they could not exclude the application of the provisions of the legislation which mainly promotes a purpose other than the purpose promoted by the EEA agreement Article 53 and 54.

§ 7a. Transfer of cases involving associations of undertakings to the Commission Competition Authority can transfer treatment of a case on the concentration to the Commission pursuant to the provisions of the EEA Agreement Protocol 24.

§ 8. The courts' decisions under the EEA Agreement Article 53 and 54 When courts make decisions in accordance with the EEA Agreement Article 53 or 54 on agreements, decisions or practices which are already the subject of a decision by the Commission, they can not make decisions that are contrary to the decision that the Commission has taken. The courts should not take decisions which would conflict with a decision that the Commission intends to take when it has initiated proceedings. The courts may adjourn the case pending such a decision. These obligations shall not affect the rights and obligations under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court.


§ 9. Post Opposite courts Competition Authority may on its own initiative provide written submissions to the court in question on the application of the EEA Agreement Article 53 and 54. With the permission of the relevant court the Competition Authority may also make oral submissions.
If a uniform application of the EEA Agreement Articles 53 and 54 require, the Commission may on its own initiative provide written submissions to the courts. With permission from the appropriate court, the Commission may also make oral submissions.
Exclusively to prepare such posts, the Competition Authority and the Commission may request the relevant court to send them, or ensure that they receive, all necessary documents for the assessment of the case.

§ 10. Commencement This Act applies when the King bestemmer.1
the same time the Law 27 November 1992 no. 110 on the competition rules of the EEA Agreement, etc.

§ 11. Transitional provisions Administrative fines and penalties under this Act shall only apply to offenses committed after its entry into force.
Regulations issued pursuant to the law of 27 November 1992 no. 110 on the competition rules of the EEA Agreement, etc. still apply insofar as appropriate, until the King repeals or amends them in pursuance of this Act or by special provision.

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