• Thomas Flo Haugaard Attorney

    The Norwegian Competition Law Reform Commission proposes significantly higher thresholds for merger notification

    06/07/2012

    Earlier this year the Competition Law Reform Commission, appointed by the Norwegian Government, delivered its proposal on a new competition act. The commission proposes several changes, including new rules on when a merger or an acquisition (i.e. “concentrations”) should be notified to the Norwegian Competition Authority (the NCA). The proposed changes shall contribute to a more effective merger control, in that undertakings in Norway can relate to notification rules more consistent with the rules in Norway’s neighbouring countries and the rest of Europe.

  • Thomas Flo Haugaard Attorney

    Norway implements the EU block exemption regulation for R&D agreements

    06/07/2012

    Earlier this year, EU Commission Regulation No 1217/2010 was implemented in Norwegian law. The implementation brings Norwegian competition law on R&D agreements in line with EU competition law, by providing the same parameters of a “safe harbor”, i.e. where R&D agreements are deemed legal if certain conditions are fulfilled. Consequently, the implementation gives undertakings doing R&D in Norway increased predictability.

  • Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)
    Håkon Austdal Associate/Bachelor of Pharmacy

    Advocate General opinion in the AstraZeneca case of abuse of dominant position (Case C-457/10 P): Appeal from AZ should be dismissed

    15/05/2012

    The Advocate General Jàn Mazák today delivered his opinion in the AstraZeneca case. AstraZeneca (AstraZeneca AB and AstraZeneca plc) had appealed the judgment from the General Court of the European Union of July 2010 where the European Commission’s fine for i.a. abusing the patent system was upheld, although it was reduced to 52,5 mill EURO. The Advocate General’s opinion is in support of the former court decision. The opinion of the Advocate General is not binding on the Court of Justice, which will decide on the case later.

  • Kaia Bugge Fougner LL.M. Senior Associate

    Judgement of the EFTA Court - Posten Norge AS vs. EFTA Surveillance Authority

    24/04/2012

    On 18th April 2012 the EFTA Court upheld ESA's (EFTA Surveillance Authority)decision of 2010, E15/10, where Posten Norge AS (Norway Post)was found to have abused its dominant position in the market for business-to-consumer parcel services with over-the-counter delivery in defiance of Article 54 of the EEA Agreement. The provision is equivalent of the Norwegian Competition Act section 11. Norway Post was originally fined EUR 12.89 million, but the EFTA Court reduced the fine to EUR 11.11 million.

  • Amund Brede Svendsen Partner

    Court pours cold water on bottle infringement claims

    19/11/2010

    Ringnes AS, a subsidiary of Danish drinks giant Carlsberg, sued Water of Norway AS claiming that it should be prohibited from manufacturing and using its Polaris water bottles. Ringnes also claimed damages for trademark infringement and acts of unfair competition. The court dismissed all of Ringnes’s claims.

  • Amund Brede Svendsen Partner

    Patent law harmonisation continues

    08/04/2010

    As of 18th December 2009, Norway amended its Patents Act to introduce a Bolar-type exemption from the exclusive right of the patent owner.

  • Amund Brede Svendsen Partner

    Electronic ID service provider off the hook in patent infringement case

    06/04/2010

    On 10th February 2010 the Oslo District Court returned its judgment in a high-profile patent infringement and nullity case. Danish company Cryptomathic had brought a patent infringement action against Bankenes Betalingssentral (BBS) - one of the largest suppliers of electronic identification services in the Nordic region - potentially threatening to stop a substantial part of BBS’s services. BBS responded by, among other things, bringing a nullity action. The two cases were heard and decided in conjunction.

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