The Supreme Court of Norway has dismissed the Competition Authority’s appeal against the Court of Appeal‘s judgment annulling the decision of the Competition Tribunal of 27 May 2021 prohibiting the acquisition by Schibsted of Nettbil. The Supreme Court has found, contrary to the views of the competition authorities, that Finn and Nettbil cannot be considered “competitors“. It has therefore concluded that Schibsted should be permitted to acquire Nettbil.
– We take note of the Supreme Court’s conclusion that Finn’s and Nettbil’s products were not in competition with each other, and that the Supreme Court disagrees with the assessment of the Competition Authority and the Competition Tribunal. We will now carefully study the judgment, says Legal Director Karin Stakkestad Laastad.
The Competition Authority prohibited the transaction in November 2020. Schibsted appealed the decision to the Competition Tribunal, which confirmed the Authority’s decision in May 2021. Schibsted appealed to the Gulating Court of Appeal, which annulled the Competition Tribunal’s decision in May 2022. The Competition Authority appealed the Court of Appeal’s judgment to the Supreme Court, which agreed to review the case.