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Competition law, state aid and EU/EEA

Our competition law lawyers assist Norwegian and international businesses in navigating a complex and important regulatory framework, drawing on their solid experience in providing advice, drafting agreements and handling cases before the competition authorities.

Specialist expertise in competition law and state aid

Competition rules govern acquisitions, mergers and similar transactions, as well as agreements and concerted practices that restrict competition. Norwegian competition law is largely based on EEA regulations, and breaches can have serious consequences. The Norwegian Competition Authority may impose fines of up to ten per cent of a group's global turnover, and injured parties are entitled to claim damages. In the most serious cases, breaches of these regulations may result in criminal sanctions for those involved. Abuse of a dominant position, illegal cartel agreements and anti-competitive vertical agreements are all areas in which we advise our clients on an ongoing basis.

Our competition law and state aid lawyers advise both public and private sector entities where these regulations apply, whether in relation to the assessment of unlawful state aid, the assessment of block exemptions, de minimis aid, notification to the ESA, or the handling of recovery claims.

Our services include, among other things:

Useful insight:

Horizontal cooperation is cooperation between competitors at the same level in the value chain, for example two suppliers coordinating prices or allocating customers. Such agreements are, in principle, prohibited under Section 10 of the Competition Act and Article 53 of the EEA Agreement, and may result in very heavy fines.
Vertical agreements and distribution agreements between operators at different levels are, in principle, permitted, but may fall under the prohibition if they significantly restrict competition.
The threshold for Norwegian merger control and the notification requirement is normally that the undertakings involved have a combined turnover in Norway of more than NOK 1 billion, and that at least two of the undertakings each have a Norwegian turnover of more than NOK 100 million, cf. Section 18 of the Competition Act. In some cases, the transaction is instead notifiable to the European Commission.
Implementing a notifiable merger without prior notification may result in fines. We assist in assessing the notification requirement and in preparing the notification to the competition authorities.
State aid is any advantage granted from public funds to a specific undertaking that may distort competition within the EEA. Favourable loan terms, tax relief and guarantees may all fall under the state aid rules in Article 61 of the EEA Agreement, not just direct grants. Unlawful state aid that has not been approved by the ESA may be required to be repaid with interest. Aid below the de minimis threshold is exempt from the rules.
A dawn raid is an unannounced inspection where the Norwegian Competition Authority or the European Commission visits a business to review documents and systems. The business has a duty to cooperate, but also has rights that it is important to assert from the outset, including the right to contact a lawyer and restrictions on what the authorities may seize. The latter is particularly important, as the business otherwise risks losing access to documents and information necessary for its operations.
Bulls competition law lawyers assist businesses in drawing up contingency plans and are available to provide immediate assistance should the competition authorities carry out a dawn raid.
An amnesty application allows parties who have participated in cooperation that contravenes competition rules to apply for full or partial immunity from fines, provided they cooperate with the authorities and provide evidence. The first to come forward will normally receive full exemption from fines. The timing is crucial: a delay of just one day could mean that a competitor secures immunity first.
If you are considering whether a collaboration may breach competition rules, you should contact a lawyer as soon as possible.