Agreement between Denmark, Iceland and Norway on co-operation in competition cases
Denmark, Iceland and Norway,
- wishing to further strengthen and formalise co-operation between the Danish, Icelandic and Norwegian Competition Authorities for the purpose of achieving more effective enforcement of the three countries’ national competition legislation,
- which may, pursuant to their national competition legislation, exchange information that is subject to a duty of confidentiality with other countries’ Competition Authorities provided the furnishing of information is necessary in order to foster enforcement of these countries’ competition legislation, and if the provision of such information occurs with a view to fulfilling Denmark, Iceland and Norway’s bilateral or multilateral obligations,
agree on the following:
In this Agreement, the following expressions and terms have the following meaning:
"Competition legislation" means applicable legislation, which is currently:
- in the case of Denmark, Act No. 384 of 17 June 1997 with subsequent amendments, cf. Consolidated Act No. 687 of 12 July 2000, and executive order issued under this Act
- in the case of Iceland, Act No. 8 of 25 February 1993, Competition Act with subsequent amendments,
- in the case of Norway, Act No. 65 of 11 June 1993 relating to Competition in Commercial Activity, Act No. 66 of 11 June 1993 relating to Price Policy, with subsequent amendments.
"Competition Authority/Authorities", "Authority/Authorities" and "Party/Parties" mean
- in the case of Denmark: Konkurrencestyrelsen,
- in the case of Iceland: Samkeppnisstofnun,
- in the case of Norway: Konkurransetilsynet.
"Enforcement measures" means:
i) use of competition legislation in connection with investigations, control, decisions and procedures by one or more of the Authorities.
"Anti-competitive activities" or "behaviour" will depend on the respective Parties competition legislation and may, for example, consist in:
- fixing purchase or selling prices or any other trading conditions,
- limiting or controlling production, sales, technical development or investment,
- share markets or sources of supply,
- applying dissimilar condition to equivalent transactions with other trading parties,
- making the conclusion of contracts subject to acceptance by the other party of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contract, or
- abusing a dominant or collectively dominant position.
"Mergers" and the "acquisition of undertakings" are defined in:
- in the case of Denmark: § 12 a in Act No. 416 of 12 July 2000,
- in the case of Iceland: § 4 and 18 in Act No. 8 of 25 February 1993, cf. Act No. 107 of 25 May 2000,
- in the case of Norway: § 3-11 in Act No. 65 of 11 June 1993 relating to Competition in Commercial Activity.
The Danish, Icelandic and Norwegian Competition Authorities provide each other with information concerning matters where one Authority becomes aware of the fact that its enforcement measures could have a bearing on significant competitive interests that come under the competence of another Authority.
Enforcement measures for which it would normally be suitable to provide notification include such measures that:
- a) are relevant to the enforcement measures of one, two or all three of the Competition Authorities,
- b) concern anti-competitive activities that largely originate or take place in the territories of one, two or all three of the Authorities,
- c) concern a merger or acquisition of an undertaking in which one or more of the parties to the transaction is an undertaking that is registered, founded pursuant to the legislation of, or domiciled in Denmark, Iceland or Norway, or in two or all three countries,
- d) concern anti-competitive behaviour which one assumes a contracting country has required, fostered or approved,
- e) concern decisions of an intervening nature which will require or prohibit a specific anti-competitive behaviour in another Party’s territory.
In the case of mergers or the acquisition of undertakings that could have a substantial effect on competitive interests that come under the competence of another Authority, and which pursuant to the legislation shall be reported to the Competition Authorities and/or the Authorities become aware of and/or they themselves take up for discussion, advance notice shall be given pursuant to this article:
- a) in the case of Denmark: to Konkurrencestyrelsen,
- b) in the case of Iceland: to Samkeppnisstofnun,
- c) in the case of Norway: to Konkurransetilsynet.
The Danish, Icelandic and Norwegian Competition Authorities will also provide each other with information about cases where the Competition Authorities intervene or otherwise participate in an administrative or judicial process that is not followed by enforcement measures, in which the questions raised during the intervention or participation may have a bearing on significant competitive interests of one of the other Parties to the Agreement.
The exchange of non-confidential information
The Parties agree that it is in their common interest to exchange non-confidential information which
- facilitates the more effective application of their respective competition legislation, or
- improves their understanding of the legal and financial conditions and theories that are relevant to the Parties’ enforcement measures etc., or to matters mentioned in Article II(3).
The exchange of confidential information
The Parties agree that it is in their common interest to exchange confidential information. It is a condition for the Competition Authorities’ submission of confidential information that such information:
- a) is subject to a duty of confidentiality in the Competition Authority that receives the information that is at least equal to that of the Competition Authority that provides the confidential information, and
- b) may exclusively be used for the purposes stipulated in this Agreement, and
- c) may only be passed on by the Competition Authority that receives the information if it has obtained in advance the express consent of the Competition Authority that supplied the information, and that it is only used for the purpose covered by such consent.
Formal requirements, etc.
Information passed from one Competition Authority to another Competition Authority pursuant to Article II of this Agreement shall be in writing (including by facsimile and e-mail). Other communications shall be verbal or in writing.
The Parties shall keep each other informed in writing about any changes that occur in their competition legislation or other legislation subsequent to the signing of this Agreement that may have a bearing on this Agreement.
New contracting parties
Provided all Parties to the Agreement consent, this Agreement may be extended to embrace new contracting parties.
Entry into force
This Agreement enters into force on 1st April 2001.
Revision and termination
This Agreement may be revised at any time.
This Agreement may be terminated by any Party provided sixty – 60 – days’ advance notice is given in writing.
Done at Copenhagen, on 16 March 2001, with one copy in each of the languages Danish, Icelandic and Norwegian, which texts shall each have the same validity.
Knut Eggum Johansen