This presentation by Kjell J. Sunnevåg, Director of External Relations at the Norwegian Competition Authority was delivered during an OECD workshop on “Legal Models for International Enforcement Co-operation” held virtually on 28 October 2021. More materials on the topic can be found at https://www.oecd.org/daf/competition/workshop-on-legal-models-for-international-enforcement-cooperation.htm. This presentation was uploaded with the author’s consent.

1. The Nordic Alliance
Presentation at OECD Workshop on Legal Models for
International Enforcement Co-operation
October 28, 2021
Kjell J. Sunnevåg

2. Agenda
• History and features of Nordic cooperation
• 1st generation: The 2001 co-operation
agreement
• 2nd generation: The 2017 agreement
• Relation to the EEA cooperation framework

3. Historical perspective
• Cooperation started in 1959
• Biannual meetings between DGs
• Annual meetings between case
handlers on topical competition
issues
• Development of networks
• Market studies and advocacy
• Formal co-operation agreements

4. 1st generation agreement
• Between Denmark, Iceland and Norway in 2001;
Sweden joined in 2003
• Background
– Strengthen and formalize cooperation to enhance
effective enforcement
– Provide a legal framework to exchange also
confidential information
• Content
– Notification
– Exchange of information, including confidential
information related to enforcement

5. 2nd Generation Agreement
• Signed by all DGs in 2017; ratified in 2019
– Finland, Iceland, Denmark, Sweden, Norway, Greenland,
Faroe Islands
• Background
– Enable effective cross-border enforcement cooperation
• Content
– Notifications
– Exchange of information, including confidential
information
– On behalf of the other Nordic competition authorities:
• Carry out requests for information
• Carry out inspections

6. Relation to the EEA cooperation
framework
• Two pillars of enforcement in the EEA Agreement:
– DG Comp
– Efta Surveillance Authority
• EU has competence to enforce Art 101/102 TFEU and Art 53/54 EEA
• ESA has competence to enforce Art 53/54 EEA
• Decentalised enforcment in both pillars of Art 101/102 and Art
53/54, respectively
• Norway participates in meetings of the European Competition
Network (ECN)
• Effective cooperation mechanisms in both pillars, but not across
pillars at national level
• The Nordic cooperation agreement alleviates this shortfall for
Nordic countries