Full support in Asphalt Case

The Borgarting Court of Appeal holds NCC Roads AS liable for an employee’s actions and the parent company NCC AB is held jointly and severally liable. The court raises the fine due to recidivism.

 – We welcome the judgment of the Court of Appeal which gives the Competition Authority full support in the asphalt case. The Court has concluded that NCC Roads AS is responsible for the action of one of its employeesand that the parent company NCC AB is held jointly and severally liable for the infringement. The court also increases the fine to NOK 150 million, says Director General for Competition Christine Meyer.

> Judgement from Borgarting Court of Appeal (pdf) (in Norwegian)

The judgment states that it is important to have an effective enforcement of this type of violation of competition law which may have significant adverse effects.

– This is a thorough and good judgment which emphasises the importance of effective enforcement of the competition rules in cartel cases based on principles in EU case law. The Court increased the fine to NOK 150 million due to recidivism, said legal director Karin Stakkestad Laastad.

The case in brief

The Competition Authority imposed a fine of NOK 140 million on NCC AB and NCC Roads AS in March 2013 for collusion with the competitor Veidekke in the period 2005-2008. The infringement included market sharing, price fixing and big rigging as well as the exchange of other strategic information in connection with asphalt tenders in mid-Norway.

The companies brought an appeal before the Oslo District Court which held NCC Roads AS liable for the infringement but reduced to the fine to NOK 40 million. The district court found no basis for holding the parent company NCC AB responsible for the infringement.

Legal director Karin Stakkestad Laastad.