This presentation by Norwegian Competition Authority was made during the discussion on "Independence of competition authorities - from designs to practices" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/independence-of-competition-authorities.htm

1. Agency Independence
Contribution from Norway
The Norwegian Competition Authority
Ministry of Trade,
Industry and
Fisheries

2. Agency Independence
1) Independence in individual cases
2) The 2016 amendments
3) Independence in advocacy efforts
4) Professional independence
5) Ethical guidelines

3. Independence in individual cases
• The NCA's independence in
dealing with individual cases
is secured by law:
“The Competition Authority can
not be instructed [by the
ministry or government] as to
decisions in individual cases"
The Norwegian Competition Authority
The Prosecutor for
Economic and
Environmental
Crime
Ministry for
Industry, Trade and
Fisheries
The Courts:
The District Court
The Court of Appeal
The Supreme Court
Criminal
prosecution of
individuals
Appeals on
merger
desicionsAppeals on
desicisons
according
to the
prohibition
regulations
(eg. cartels
and abuse
of
dominance)
Letter of
Assignment
and financial
framework

4. Independence in individual cases
• However …
– The Ministry is the appellate body for
the NCA’s merger desicions (and some
other administrative desicions)
• Moreover …
– in cases involving questions of principle or
interests of major significance to society, the
Government can approve a concentration or an
acquisition of shares that the NCA has
intervened against under the merger regulations

5. 2016 Amendments
The Norwegian Competition Authority
The Prosecutor for
Economic and
Environmental
Crime
Ministry for
Industry, Trade and
Fisheries
The District
Court
Criminal
prosecution of
individuals
Appeals on
desicions
according
to the
prohibition
and merger
regulations
Letter of Assignment
and financial framework
The Competition
Complaints
Board
The Court of Appeal
The Supreme Court
• Motivation
– To enhance NCA’s independence
– Increase efficiency in reaching final
legally binding decision
• Establishment of a Competition
Complaints Board
– First instance to deal with all NCA
decisions
– No longer any appeals to the ministry
• The government can no longer
reverse decisions based on public
interest considerations

6. Independence in advocacy efforts
• The Ministry can
– order the NCA to deal with a case
– ask the NCA to do a study on a particular market
– … but can not influence the outcome and recommendations
• The DG is appointed by the Government for a fixed term
– … but it is an appointment based on professsional qualifications
• The DG can be discharged by the Government before end
of term
– … but only in circumstances of severe misconduct
 High degree of independence in advocacy work

7. Professional independence and high ethical standards
• Professional independence and high ethical
standards in the exercise of authority are a
prerequisite for agency independence
• This is ensured by formal and informal tools
– Public Administration Act
– Ethical Guidelines

8. Public Administration Act
• A case must be illuminated as well as possible prior to
administrative decisions being taken
• A public official is disqualified when directly or indirectly
party to the case or circumstances exist that could impair
trust in impartiality
• The individual is personally responsible for disqualifying
him- or herself, and for stepping aside when a case so
requires
• If impartiality can be questioned, the case handler must
step aside and not work on the case, or a set DG or
Minister will be appointed

9. A prominent example
Minister at inauguration in 2001
warns against SAS acquiring
Braathens while the NCA dealt
with the case. The Minister
stated ia. that he “does not favor
predators eating their prey”.
A set Minister had to be
appointed when the Ministry
dealt with the case

10. Public Servants Act and
Ethical Guidelines
• General regulations and ethical guidelines
– "public officials shall not, on their own behalf or on
behalf of others, accept or facilitate the acceptance
of gifts, travel, hotel accommodations, hospitality,
discounts, loans or other contributions or perquisites
that are appropriate to, or intended by the donor, to
influence their work.“
• Agency specific ethical guidelines
– Reflect various issues and circumstances that may in
particular be of relevance to an NCA case handler
• Measures to enhance awareness, including
training in ethical dilemmas

11. Concluding comments
• Agency independence depends on many factors, e.g.
– The legal and institutional framework
– And the professionality of the employees
• Important legal and institutional measures have been
undertaken to enhance NCA’s independence
• Professional independence needs continuous attention