Stein Ove Solberg
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Arntzen de Besche has written the Norwegian chapter in the second edition of the book Merger Control - The european lawyer reference series
1. What is the relevant merger control legislation? Is there any pending legislation that would affect or amend the current merger control rules described below?
Mergers and acquisitions are subject to control under Chapter 4 of the Norwegian Competition Act of 5 March 2004 no. 12 (‘the Competition Act’). More detailed provisions on notification requirements are provided in the Regulation on notification of concentrations of 11 December 2013 (‘Regulation on Notification’) and the Regulation on Partial Exceptions from the Rule on Suspension of Concentrations of 9 March 2009 no. 0292 (‘Regulation on Exceptions’). The Norwegian Competition Authority (‘NCA’) has also issued a Best Practices for merger control proceedings and guidelines on notifications of a concentration. Relevant legislation and guidelines are available in English on the NCA’s webpage (www.konkurransetilsynet.no).
Norway is a part of the 1992 Agreement on the European Economic Area (‘EEA agreement’). It has implemented Regulation (EC) 139/2004 on the control of concentrations between undertakings (‘EUMR’) as part of this agreement. Therefore, mergers with an EU or EEA dimension are governed exclusively by EU or EEA merger control provisions, and are not subject to national merger control. A one-stop shop approach applies also under the EEA agreement.
There is no pending legislation that would affect the merger control rules as described. Please note that there has recently been amendments and changes to the merger chapter of the Competition Act, which entered into force January 2014. The most notable change is a substantial increase of the notification thresholds.
Authors: Espen I. Bakken, Stein Ove Solberg and Thea Susanne Skaug,
Published: February 2014
Publisher: Sweet & Maxwell