NORWAY Law and Practice Contributed by: Harald Sætermo, LexOslo
if intervention may be relevant. If no such notice is issued, the NCA may not intervene. If the NCA proceeds with further review, it must, as soon as possible and no later than 70 working days after receiving the notification, either adopt a deci - sion accepting remedies proposed by the notifying parties or issue a reasoned preliminary decision to prohibit the transaction. The parties have 15 working days to respond to a preliminary prohibition decision. The NCA must then adopt its final decision within 15 working days after receiving the parties’ response. If remedies are proposed after the preliminary prohibi - tion decision, the deadline for the final decision may be extended by 15 working days. The NCA may intervene where a concentration would significantly impede effective competition, in particular as a result of the creation or strengthening of a domi - nant position. Remedies may extend the statutory deadlines. An intervention decision may be appealed within 15 working days. 6.3 Cartels Section 10 of the Norwegian Competition Act pro - hibits anti-competitive co-operation between under - takings. The provision corresponds to Article 53 of the EEA Agreement and Article 101 of the TFEU, and covers agreements, decisions by associations of undertakings and concerted practices that have as their object or effect the prevention, restriction or dis - tortion of competition. The prohibition applies to both horizontal co-opera - tion between competitors and vertical co-operation between undertakings at different levels of the sup - ply chain. It covers, among other things, price-fixing, market-sharing, limitations on production, markets, technical development or investment, discriminatory trading terms and tying obligations. The Norwegian Competition Act applies to conduct carried out in Norway, as well as conduct that has, or is capable of having, effects in Norway. The Act does not require an effect on trade between EEA states. Where conduct may affect trade within the EEA, Arti - cle 53 of the EEA Agreement applies in parallel.
Restrictive co-operation may nevertheless be exempt where the relevant conditions for exemption are met, including where the co-operation produces efficien - cies, allows consumers a fair share of the benefits, does not impose unnecessary restrictions and does not eliminate competition for a substantial part of the relevant products. Intentional or negligent infringements may be sanc - tioned by administrative fines. Leniency may be avail - able in cartel cases. 6.4 Abuse of Dominant Position Section 11 of the Norwegian Competition Act prohib - its the abuse by one or more undertakings of a domi - nant position. The provision corresponds to Article 54 of the EEA Agreement and Article 102 of the TFEU, and EEA and EU law provide guidance when the rule is applied. Holding a dominant position is not unlawful in itself. The prohibition concerns abusive conduct by a domi - nant undertaking. Examples include imposing unfair prices or trading conditions, limiting production, mar - kets or technical development to the prejudice of con - sumers, applying dissimilar conditions to equivalent transactions, and tying unrelated obligations to con - tracts. The Norwegian Competition Act applies where the conduct has, or is capable of having, effects in Nor - way. Where the conduct may affect trade within the EEA, Article 54 of the EEA Agreement applies in par - allel. Intentional or negligent infringements may be sanc - tioned by administrative fines. The NCA may also order the infringement to cease or impose necessary measures.
7. Intellectual Property 7.1 Patents
Norwegian patent law is governed by the Patents Act. Patent protection is available for inventions that pro - vide a practical solution to a technical problem. The invention must have technical character and effect, be
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