NORWAY Law and Practice Contributed by: Elin Moen, Arne Torsten Andersen, Helge Stemshaug and Beret Sundet, BAHR
The receiver will normally also be obliged to respond within a set timeframe. 7.3 Confidentiality When the NCA receives a notification it will create a case page on its website, to which it uploads a brief description of the parties to the concentration and the markets concerned by the transaction. The NCA also publishes a non- confidential version of the notification on the case page. Under Norwegian administrative law, the NCA is obliged to preserve the confidentiality of informa - tion, including business secrets. Pre-notification talks and documents are kept strictly confiden - tial until the transaction is known in the public or a formal notification is submitted (whichever occurs first) unless the parties consent to the NCA collecting information before formal filing takes place – eg, starting third-party outreach. When submitting a formal notification, the notify - ing party must submit a non-confidential version of the filing at the same time, by highlighting all confidential information in their filing. They must also provide a document summarising the legal arguments for any confidentiality claims. The NCA will consider the filing incomplete if the confiden - tiality claims are insufficiently reasoned, which normally will impact upon timing of the review. Third parties also have the right to access the NCA’s file during and after the review, see 7.1 Third-Party Rights . 7.4 Co-Operation With Other Jurisdictions Nordic Co-Operation Agreement There is a ratified agreement on co-operation in competition cases between Denmark, Fin - land, Iceland, Norway and Sweden. Under this
agreement, the competition authority of a signa - tory state may request the national competition authorities of the other signatory states to col - lect information on its behalf, including through inspections (dawn raids). For example, the NCA can ask the Swedish Competition Authority to collect information on its behalf. Confidential information may be shared between the nation- al competition authorities unhindered for the purpose of applying antitrust rules and merger control, without obtaining permission from the undertakings involved. ECN As a non-member state, Norway is not a mem - ber of the European Competition Network (ECN) but takes part in the co-operation as an observer state. Norway also takes part in the co-operation in merger cases, and the NCA frequently informs other competition authorities about incoming merger cases through the ECN network. The NCA may also represent Norway in the Advisory Committee for merger cases which the Europe - an Commission must consult before adopting certain decisions in merger cases. Case-to-Case Co-Operation In cases with potential cross-border effects, the NCA from time to time requests the parties to approve reciprocal sharing of relevant confiden - tial information between the competition authori - ties involved. This may – eg, be relevant for cases related to the oil and gas industry, where transactions may affect both Norway and the UK, as many players have a presence on both sides of the North Sea. Policy The NCA represents Norway in several interna - tional organisations such as ICN (International Competition Network), ECA (European Compe - tition Authorities) and the OECD Competition
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