Section 1Standardized notification
A standardized notification to the Competition Authority pursuant to the Competition Act Section 18, first paragraph shall contain information that described in Section 18, second paragraph, letters a through e.
A proposal for a public version of the notification or a clear statement of which information in the notification is regarded by the notifying party as business secret must be submitted at the same time as the notification.
The 15 working day deadline for the Competition Authority’s examination under Section 18, third paragraph of the Competition Act begins on the first working day after the notification is received or, if the notification is incomplete, on the first working day after the missing information is received. The Competition Authority must, within 8 working days, inform the notifying parties if the Authority finds that the requirements of the standard notification are not fulfilled.
Section 2 Exemption from the requirement to submit a standardized notification
The obligation to submit a standardized notification under Section 18, first paragraph of the Competition Act does not apply:
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a)
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if the combined annual turnover in Norway of the undertakings concerned is less than NOK 50 million, or
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b)
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if only one of the undertakings concerned has an annual turnover in Norway of more than NOK 20 million.
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The term turnover is defined as the term sales revenue in the Act of 17 July 1998 No. 56 on annual accounts, etc. (the Accounting Act). Regulations that complement or deviate from the provisions of the Accounting Act apply similarly. For undertakings that are exempt from the provisions of the Accounting Act chapter 6, the principal rule is for annual turnover to correspond to the sum of goods and services that are sold as part of the undertaking’s normal activities during the year.
In the case of acquisition of control under Section 17, first paragraph, letter b, first bullet point of the Competition Act, turnover of all undertakings that are controlled by the acquiring person or persons must be included in the calculation of annual turnover. In the case of an acquisition of control under Section 17, first paragraph, letter b, second bullet point of the Competition Act, turnover of all undertakings in the same corporate group as the acquiring undertaking(s) must be included in the calculation of annual turnover. Intra-group turnover of undertakings calculated pursuant to the first and second sentence shall be deducted.
The Competition Authority may require individual or groups of undertaking(s) that are exempt under the first paragraph to submit a standardized notification.
A concentration that is subject to the rules on control of concentrations under the EEA Agreement article 57 is exempt from the obligation to submit a standardized notification pursuant to Section 18, first paragraph of the Competition Act.
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Amended by Regulation of 29 November 2006 No. 1354 (enters into force 1 January 2007).
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Section 3 Undertakings concerned
In the case of a merger, the undertakings concerned are the merging parties.
In the case of an acquisition of control, the undertakings concerned are the acquiring undertaking or undertakings and the acquired undertaking. If control of only part of an undertaking is acquired, then only the acquired part shall be deemed an undertaking concerned.
Section 4 Complete notification
A complete notification to the Competition Authority pursuant to Section 18, paragraphs three and four of the Competition Act must include the following:
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a)
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Contact information for the merging parties or the undertaking(s) acquiring control.
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b)
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Description of the concentration.
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c)
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Description of the undertakings concerned and the undertakings in the same corporate group.
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d)
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Description of the markets affected by the concentration.
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e)
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Description of the structure of the affected markets.
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f)
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Information on the concerned undertakings’ most important competitors, customers and suppliers in the affected markets.
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g)
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Description of any barriers to entry into the affected markets.
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h)
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Description of any efficiency gains.
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i)
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Information on whether the concentration is subject to review by other competition authorities.
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j)
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The latest version of the agreement on the concentration with annexes.
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k)
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The most recent annual reports and annual accounts of the undertakings concerned.
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A proposal for a public version of the notification or a clear statement of which information in the notification is regarded by the notifying party as business secret shall be submitted at the same time as the notification.
The Competition Authority may order the submission of a complete notification of a concentration regardless of whether the concentration is subject to the requirement to submit a standardized notification. It is not necessary to await the standardized notification. An order for a complete notification of a concentration that is exempt from the standardized notification in Section 2 first paragraph, may not be issued later than three months after the agreement is final or control is acquired.
The 25 working day deadline referred to in Section 20 second paragraph of the Competition Act commences on the first working day after receipt of the notification or, if the notification is incomplete, from the first working day after the missing information is received. The Competition Authority must inform the notifying parties within 15 working days if the Authority finds that the requirements of the complete notification are not fulfilled.
Section 5 Simplified notification
The Competition Authority may in individual cases modify the requirements for a complete notification in Section 4.
Section 6 Publication
Notified concentrations and notified acquisitions of shares or physical assets that do not lead to control, shall be published on the Competition Authority’s website. The publication shall contain information on the name and organization number of the undertakings concerned the concentration and the markets affected.
Section 7 Entry into force
This regulation enters into force on 1 May 2004.