Background and Benefits of the Cooperation Agreement Between the Nordic Competition Authorities
Creators: name: Taurula, Maarit
Publisher: name: Zenodo
Year: 2020
Subjects: European Competition Network
Nordic Agreement
enforcement of competition law
Nordic area
competition violations
EU legal framework
cooperation between EU Member States
competition restrictions
area of merger control
Nordic Cooperation Agreement
Nordic Competition Authorities
The Nordic competition authorities
Nordic countries
antitrust
merger cases
regional cooperation between competition authorities
merger investigations

description: This unit was published in „International Cooperation of Competition Authorities in Europe: from Bilateral Agreements to Transgovernmental Networks” Błachucki, M., ed., (2020). The Nordic competition authorities have decades of experience in cross-border collaboration, and the first formal cooperation agreement between the authorities was signed in 2001. Sixteen years later, the cooperation agreement was renegotiated and expanded to enable wider forms of cooperation. On this occasion, Finland also joined the agreement. The European Competition Network provides for a well-functioning cooperation framework for the national competition authorities of the European Union. However, the EU framework does not meet all the needs of the Nordic countries and leaves room for a more extensive regional cooperation agreement. The Nordic Cooperation Agreement enables the exchange of confidential and non-confidential information in both antitrust and merger cases. In addition, the agreement also applies in purely national cases, i.e. where the competition restriction in question does not affect trade between the Nordic countries. Most importantly, as not all the Nordic countries are part of the EU, the Nordic agreement enables a deep cooperation between EU and non-EU countries.
description: {"references": ["The agreement of 8 September 2017 between Denmark, Finland, Iceland, Norway and Sweden on Cooperation in Competition Cases. Available from: https://www.kkv.f/en/factsand-advice/competition-affairs/international-cooperation-related-to-competition-affairs/nordic/ agreement-on-cooperation-in-competition-cases/ [Accessed: September, 12 2020] (hereinafter also the '2017 Nordic Agreement').", "OECD (2018) DAF/COMP/GF/WD(2018)14: Global Forum on Competition Regional Competition Agreements: Benefts and challenges contribution from Denmark, Finland, Norway, Iceland and Sweden-Session III -29-30 November 2018, p. 3. Available from: https://www.konkurrensverket. se/globalassets/om-oss/2018_regional-competition-agreements-benefts-and-challenges_daf-compgf-wd-2018-14.pdf [Accessed September, 12 2020].", "Report from the Nordic competition authorities, No. 1/2002: Competitive airlines, towards a more vigorous competition policy in relation to the air travel market. Available from: https://www. kkv.f/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/nordic-report_competitive-airlines.pdf [Accessed September, 12 2020].", "Report from the Nordic competition authorities, No. 1/2003: A powerful competition policy, towards a more coherent competition policy in the Nordic market for electric power. Available from: https://www.kkv.f/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/nordisk-energirapport. pdf. [Accessed September, 12 2020]. See also: Report from the Nordic competition authorities, No. 1/2007: Capacity for competition, investing for an efcient Nordic electricity market. Available from: https://www.kkv.fi/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/capacity-forcompetition.pdf [Accessed September, 12 2020].", "Report from the Nordic competition authorities: Nordic food markets - a taste for competition, 2005. Available from: https://www.kkv.f/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/ nordic_food_markets.pdf [Accessed September, 12 2020].", "Report from the Nordic Competition Authorities, No. 1/2006: Competition in retail banking. Available from: https://www.kkv.f/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/nordic_retail_banking.pdf [Accessed September, 12 2020].", "Report from the Nordic Competition Authorities: Competition in the waste management sector \u2013 preparing for a circular economy, 2016. Available from: https://www.kkv.f/globalassets/kkv-suomi/ julkaisut/pm-yhteisraportit/nordic-report-2016-waste-management-sector.pdf [Accessed September, 12 2020].", "Finnish competition and consumer authority (2019) The Nordic competition authorities support a strict merger control regime [Press release of Juny, 26 2019]. Available from: https://www. kkv.f/en/current-issues/press-releases/2019/26.6.2019-the-nordic-competition-authorities-support-a-strict-merger-control-regime/ [Accessed September, 12 2020].", "Agreement on the European Economic Area, OJ L 001, 03/01/1994, p. 3.", "Chapters 2 and 3 of the Greenlandic Competition Act. Inatsisartutlov nr. 1 af 15. maj 2014 om konkurrence (konkurrenceloven) Gr\u00f8nlands Selvstyre d. 15. maj 2014. Available from: http:// lovgivning.gl/lov?rid=%7BB4B1627B-E5B2-4A41-AE64-63953E79FDE8%7D [Accessed September, 12 2020].", "Parts 2 and 3 of the Faroese Competition Act. Consolidated Act. No 35 of 3 May 2007 as amended with Act. No 35 of the27 April 2012. Available from: https://vs.cdn.fo/media/1355/kappingarlogin-ensk-u-tga-va.pdf?s=DSX9bpbv6fLub-JMcYEfndJ1xjw [Accessed September, 12 2020].", "Report from the Nordic competition authorities, No. 1/2013: A vision for competition policy towards 2020, p. 44. Available from: https://www.kkv.f/globalassets/kkv-suomi/julkaisut/pm-yhteisraportit/ nordic-report_a-vision-for-competition.pdf [Accessed September, 12 2020].", "Agreement of 16 March 2001 and 9 April 2003 between Denmark, Iceland, Norway and Sweden on cooperation in competition issues. Available from: https://www.konkurrensverket.se/globalassets/ om-oss/nordic-agreement-on-cooperation-in-competition-cases.pdf [Accessed September, 12 2020] (hereinafter also '2001 Nordic Agreement').", "OECD (2018) DAF/COMP/GF/WD(2018)14, p. 3.", "Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty. OJ L 1, 04/01/2003, p. 1.", "The European Economic Area (EEA) consists of the Member States of the EU and three countries of the European Free Trade Association (EFTA), namely Iceland, Liechtenstein and Norway. The fourth EFTA Member State, Switzerland, has not joined the EEA. The Agreement on the EEA entered into force on 1 January 1994.", "Finish Government (2018) New agreement to enable more efcient monitoring of competition in the Nordic countries [Press release of November, 29 2018]. Available from: https://valtioneuvosto.f/en/- //1410877/pohjoismainen-kilpailuvalvonta-tehostuu-uudella-sopimuksel-1 [Accessed September, 12 2020].", "OECD (2014) Recommendation concerning international co-operation on competition investigations and proceedings. Available from: https://www.oecd.org/daf/competition/international-coop-competition-2014-recommendation.htm [Accessed September, 12 2020].", "OECD (2018) DAF/COMP/GF/WD(2018)14, p. 6.", "OECD (2014) Recommendation concerning international co-operation on competition investigations and proceedings, p. 3, Recommendation II.", "MWG (2011) Best practices on cooperation between EU National Competition Authorities in merger review adopted November, 8 2011. Available from: https://ec.europa.eu/competition/ecn/ nca_best_practices_merger_review_en.pdf [Accessed: September, 12 2020].", "EC (2011) Mergers: competition authorities agree best practices to handle cross-border mergers that do not beneft from EU one-stop shop review [Press release of November, 9 2011]. Available from: https:// ec.europa.eu/commission/presscorner/detail/en/IP_11_1326 [Accessed September, 12 2020].", "EC (2011) Mergers: competition authorities agree best practices to handle cross-border mergers that do not beneft from EU one-stop shop review [Press release of November, 9 2011]. Available from: https:// ec.europa.eu/commission/presscorner/detail/en/IP_11_1326 [Accessed September, 12 2020].", "The format proposed by the ICN model waiver is recommended. ICN, Waivers of confdentiality in merger investigations. Available from: https://www.internationalcompetitionnetwork.org/portfolio/ model-confdentiality-waiver-for-mergers/ [Accessed September, 12 2020].", "Finnish Competition Act No 948/2011, section 35 (Inspections on the business premises of an undertaking). Available from: https://www.kkv.f/en/facts-and-advice/competition-affairs/legislation-and-guidelines/competition-act/ [Accessed September, 12 2020]. In original language version: Kilpailulaki. Sis\u00e4llysluettelo 948/2011. Available from: https://fnlex.f/f/laki/smur/2011/20110948 [Accessed September, 12 2020]."]}