Konkurransetilsynet

Activities

Fewer company mergers in 2009
The Competition Authority received 294 notifications of mergers in 2009, compared to 444 notifications in 2008. Requests for complete notifications were issued in 8 cases (15 in 2008).
 

Results

The Competition Authority has processed all the merger notifications it received within the stipulated deadlines.

Intervention against health foods acquisition
The Competition Authority decided in 2009 to intervene against the merger between Validus AS and Sunkost ASA. The Authority concluded that this merger would result in a substantial restriction of competition in the market for health foods sold at specialist health foods stores and that it would severely restrict competition in the wholesale market for sales of dietary supplements/natural cosmetics/hygiene products to such stores. Reduced competition in these markets would have resulted in higher prices, a limited range of goods and reduced internal efficiency to the detriment of consumers. An appeal against this decision was submitted to the Ministry of Government Administration and Reform, but the appeal was subsequently withdrawn. Consequently the decision stands.

Laboratory analyses
Eurofins Danmark AS was allowed to purchase Lantmännen Analycen AB conditional on its selling its subsidiary, LabNett AS, to an external, independent party. In 2009 the Authority appointed an administrator to conduct the sale of LabNet AS so that Eurofins was able to comply with this condition.

Prohibition of implementation
July 2008 saw the introduction of a new type of offence that will be sanctioned by a fine: automatic prohibition of implementation, making it illegal to implement a merger that is subject to compulsory notification pursuant to the Competition Act until the Competition Authority has processed the case. The first cases to be heard after this rule was introduced in 2009 are the following:

• A fine of NOK 150,000 for breaching the law was imposed on RS Platou A/S for failing to wait for the legally required waiting period to elapse when the company purchased a controlling stake in Glitnir Securities A/S.
• Likewise a fine of NOK 100,000 for breaching the law was imposed on Advokatfirmaet Steenstrup Stordrange A/S (a law firm) for failing to wait when it merged with Advokatfirmaet DLA Piper Bergen DA (a law firm).