Yesterday the Norwegian Competition Authority lodged an appeal at the Norwegian Court of Appeal to overturn the Oslo district court's judgment in the Tine case. The appeal concerns both the assessment of the facts and the interpretation of the law.
– The authority disagrees with the court's judgment both with respect to the assessment of the facts and interpretation of the law, and believes that the court has therefore reached an incorrect conclusion, said the Director General of Competition Knut Eggum Johansen.
The Oslo district court’s judgment of 25th March this year reversed the Norwegian Competition Authority's decision to impose an administrative fine of NOK 45 million on Tine BA for abuse of a dominant position and for cooperation that restricts competition.
The Norwegian Competition Authority's appeal regarding the interpretation of the law addresses, among other points, a faulty assessment of where the border lies between lawful conduct and arrangements prohibited in the competition law.
Pending further handling of the case in the court, the Norwegian Competition Authority will not provide additional information about the content of the appeal.