Konkurransetilsynet

Regulations relating to the appointment of administrators. In cases where the Competition Authority sets conditions before a merger may be implemented, the Authority may appoint an administrator to ensure that the parties adhere to the conditions. New regulations containing more detailed rules about this procedure were adopted by the Ministry of Government Administration and Reform on 15 September 2008 and came into force on 1 January 2009. These regulations contain clear guidelines for the appointment of such administrators and their obligations, along with the parties' obligations towards an administrator in connection with the fulfilment of his duties. The regulations make the situation more predictable for both administrators and the parties.

Exemption from the implementation prohibition. In connection with the automatic suspension to all notifiable concentrations, effective from 1 July 2008, the regulations laid down by the Competition Authority on 9 March 2009 contain rules for exemption from the implementation prohibition for the acquisition of certain types of securities. These regulations enable partial implementation of public acquisition offers, or a series of securities transactions which take place in a regulated market, to take place before the deadline has elapsed. Such exemption is conditional on the transaction being reported to the Competition Authority immediately and also on the voting rights of the securities not being exercised. These regulations came into force on 1 April 2009.

Svalbard subject to the Competition Act. From 1 July 2009 the Competition Act applies on Svalbard. This decision was passed by the King in Council on 17 October 2008. The Act applies without any special adjustments being made, although an exemption has been made in respect of the provisions relating to compliance with the EEA Agreement since it does not apply to Svalbard.

Regulation of online residential property advertisements. In response to a proposal made by the Competition Authority, the Ministry of Government Administration and Reform laid down new regulations on 9 September 2009 which require Internet portals to provide access to anyone wishing to advertise residential properties under non-discriminatory conditions. Internet portals such as Finn.no had previously allowed only professionals to advertise private residences. These new provisions mean that private individuals can now place residential property advertisements, thus allowing them to choose whether or not they wish to carry out more of the sales work themselves. These regulations came into force on 1 January 2010.

Enhanced enforcement of the Competition Act. On 12 December 2008 the Ministry of Government Administration and Reform submitted a proposal for consultation about a legislative amendment designed to boost enforcement of the Competition Act. In order to reinforce the leniency programme, the Ministry proposed extending the scope of leniency to also include penal provisions in Section 30 of the Competition Act. Proposals were also presented to restrict the right to inspect documents prepared in connection with leniency applications, so that anyone applying for leniency would be no more exposed to civil action for damages than someone who does not apply for leniency. The Ministry has also presented proposals for regulations designed to strengthen the protection of anonymity for companies or private individuals who tip off the Competition Authority about breaches of the Competition Act. This draft legislative amendment is largely based on input provided by the Competition Authority to the Department of Government Administration and Reform. The process is continuing.