Merger Control 2025

NORWAY Trends and Developments Contributed by: Elin Moen, Arne Torsten Andersen, Helge Stemshaug and Beret Sundet, BAHR

tion, and that it became impossible for her to effectively fulfil her duties. Under Ms Søreide’s tenure, the authority faced setbacks in several high-profile cases and had been criticised for long processing times in investigative matters. Mr Gjermund Nese is currently serving as the acting Director General pending the appoint - ment of a permanent candidate. The Norwegian competition law community is waiting with inter - est to see who the new Director General will be and how they will shape the NCA’s direction in the future. Conclusion The developments during 2024 highlight how the NCA uses its merger control tools to proactively preserve competitive markets. While most cas - es continue to be cleared in Phase I, reflecting the NCA’s efficient approach to straightforward transactions, the NCA has shown a continued readiness to investigate more complex or con - troversial deals in Phase II. The NCA’s willing - ness to use its call-in powers further reinforces this picture, and shows that even deals falling below traditional thresholds can face close scru - tiny if they raise competition concerns.

For businesses seeking to invest or expand in Norway, the message is clear: proactive plan - ning and a thorough understanding of both com - petition and national security considerations are essential. Upfront diligence with the support of local counsel can help avoid costly delays and forced unwinding or prohibitions after a transac - tion has already been agreed and even imple - mented.

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