Agreement between Denmark, Iceland and Norway on co-operation in competition cases
- 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:
DefinitionsIn this Agreement, the following expressions and terms have the following meaning:
- 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.
- in the case of Denmark: Konkurrencestyrelsen,
- in the case of Iceland: Samkeppnisstofnun,
- in the case of Norway: Konkurransetilsynet.
i) use of competition legislation in connection with investigations, control, decisions and procedures by one or more of the Authorities.
- 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.
- 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.
Notification1: 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.
- 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.
- 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 exchange of non-confidential information1: 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 information1: 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.
New contracting partiesProvided all Parties to the Agreement consent, this Agreement may be extended to embrace new contracting parties.
Entry into forceThis Agreement enters into force on 1st April 2001.
Revision and terminationThis Agreement may be revised at any time.
Knut Eggum Johansen