The Competition Act requires that concentrations (mergers, acquisitions, etc.) are notified to the Competition Authority by way of a standardized notification. If the Competition Authority finds that a further examination of the concentration is necessary, it may order the submission of a complete notification of the concentration.
The rules on notification of concentrations to the Competition Authority are found in Section 18 of the Norwegian Competition Act, and in a regulation issued pursuant to that section (Regulation on the notification of concentrations).
Concentrations where the undertakings concerned have a combined annual turnover in Norway exceeding NOK 50 million shall be notified to the Competition Authority. However, if only one of the undertakings concerned has an annual turnover in Norway exceeding NOK 20 million, notification is not required.
The purpose of a standardized notification is to make the Competition Authority aware of the concentration, and to provide it with information as to whether the concentration might raise competition concerns in Norway. A standardized notification must include the information listed in Section 18, second paragraph of the Competition Act. A standardized notification may be submitted in English.
If the Competition Authority, after receiving a standardized notification, finds that a further examination of the concentration is necessary, it may order the submission of a complete notification of the concentration.
A complete notification shall contain considerably more detailed information on the concentration than a standardized notification. It serves as the basis for a thorough analysis on the part of the Competition Authority of the markets affected by the concentration, and must include detailed information on what is listed in Section 4, first paragraph of the Regulation on the notification of concentrations. A complete notification must be submitted in Norwegian.
Public announcement of notified concentrations
The Competition Authority publishes an announcement of all notified concentrations on its website. The announcement includes identification of the undertakings concerned, information about the concentration, and on the affected markets. Some of this information is available in Norwegian only.
Obligation to notify and prohibition of implementation
Mergers and acquisitions are prohibited from being implemented before they have been notified to and reviewed by the Competition Authority. There is no deadline for notifying a concentration to the Competition Authority, provided that the parties have not started to implement the concentration.