Market investigation comes into effect today

As of today, the Norwegian Competition Authority has a new way to strengthen competition in Norwegian markets. The market investigation tool enables the implementation of targeted measures to address serious competition issues, even in cases where there is no violation of the Competition Act.

– This marks an important shift in Norwegian competition policy. With this tool, we can intervene earlier and more precisely, to the benefit of both consumers and businesses, says Acting Director General Gjermund Nese.

A market investigation can be initiated if the Competition Authority uncovers conditions indicating that competition in a market is, or is at risk of being, significantly restricted. Before launching a market investigation, a consultation must be held where affected parties and other stakeholders are given the opportunity to provide input. This is followed by a thorough analysis phase, during which the Authority gathers information, assesses the competitive conditions, and identifies any structural or behavioral challenges in the market. If the investigation reveals significant competition problems, the Authority may impose targeted measures to strengthen competition.

Market investigation will be a tool on par with enforcement and advocacy efforts, and the specific competition issue will determine which tool is most effective. The Competition Authority has therefore not yet decided which markets a market investigation will be most relevant in. The Authority will take time to assess where the need is greatest and how the tool can be used most effectively.

When a market investigation is initiated, the process will be as open and transparent as possible, to ensure predictability for businesses and that any competition issues are resolved in the best possible way.

– We will use the tool with caution and professional integrity. Market investigation allows us to impose measures to strengthen competition, but only after thorough analysis and assessment, says project manager and senior adviser Inger Ervik.