At the end of last year, the EFTA Surveillance Authority (ESA) announced that it has decided to open a formal investigation into potential state aid to Posten Bring AS. This investigation is a result of a complaint filed by logistics competitor Helthjem in April 2022.
A public version of ESA's opening decision has not yet been published, but based on the press release, we assume that the investigation will mainly focus on the question of possible overcompensation related to the state’s service purchases from 2016 onwards. The case may also raise existing support-related issues.
Competition Authority Imposes Two More Years of Reporting Obligations on Certain Market Actors
The Competition Authority is renewing its requirement for reporting obligations for certain players in markets it considers concentrated. These are markets that the Authority wants to pay special attention to, as they are particularly susceptible to weakened competition. In this instance, the extension applies to actors in fuel, energy, waste, newspapers, and laundry services.
The reporting obligation means that they must provide information on all acquisitions, including smaller acquisitions that would not otherwise be reportable.
This is primarily a continuation for actors who are already subject to reporting obligations, so it is not new for these actors. However, the Authority is making some adjustments:
- YX Norge is added to the list of entities subject to reporting obligations.
- Plantasjen is removed from the list.
The reporting obligation is one of several tools the Competition Authority uses to ensure well-functioning markets.
New Tool for the Competition Authority from July 1st
In December 2024, the Norwegian Parliament passed a law introducing market investigation as a new tool for the Competition Authority. This grants the Authority the power to intervene in markets and impose measures even without any violations of the competition law.
Market investigations can be initiated if there are conditions that significantly limit or are likely to significantly limit competition. If necessary to remove or reduce the competition restriction, the Authority may impose competition-promoting measures – which may be perceived as highly intrusive for affected actors.
Although market investigations are being introduced to follow up on the government's 10-point plan to improve competition in the grocery market, the tool is not limited to this sector. In principle, it can be used in all markets. Norway thus follows in the footsteps of several other countries, including Denmark, which have already implemented similar investigative tools.