EFTA SURVEILLANCE AUTHORITY – Communication from the EFTA Surveillance Authority published pursuant to Article 27(4) of Chapter II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (Case No 84445 – Elkjøp)
Date: 2025-11-06
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, control of restrictive practices, electronic equipment, restriction on competition, retail selling, retail trade








C_202506068EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6068


6.11.2025






EFTA SURVEILLANCE AUTHORITY
Communication from the EFTA Surveillance Authority published pursuant to Article 27(4) of Chapter II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice
(Case No 84445 – Elkjøp)
(C/2025/6068)

1.   INTRODUCTION









1.


According to Article 9 of Chapter II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘SCA’), the EFTA Surveillance Authority (‘ESA’) may decide – in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by ESA in its preliminary assessment – to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by ESA. Such a decision would not conclude whether or not there has been or still is an infringement.












2.


According to Article 27(4) of Chapter II of Protocol 4 to the SCA, ESA shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by ESA.




2.   SUMMARY OF THE CASE









3.


On 23 May 2023, ESA initiated proceedings pursuant to Article 2(1) of Chapter III of Protocol 4 to the SCA against Dixons Stores Group Retail Norway AS, Elkjøp Nordic AS and Elkjøp Norge AS (jointly ‘Elkjøp’).












4.


On 27 June 2025, ESA adopted a preliminary assessment within the meaning of Article 9(1) of Chapter II of Protocol 4 of the SCA concerning an alleged infringement of Article 54 of the Agreement on the European Economic Area (‘EEA Agreement’) by Elkjøp in Norway.












5.


According to the preliminary assessment, ESA has indications that Elkjøp may have held a dominant position in one or more markets for the retail sale of electronic goods in Norway.












6.


ESA is concerned that Elkjøp may have abused its dominant position under Article 54 of the EEA Agreement by compelling, incentivising and/or entering into arrangements with its suppliers to limit supplies of electronic goods to specific competitors of Elkjøp. This alleged conduct may potentially have had the effect of restricting competition in one or more markets for the retail sale of electronic goods in Norway, by reducing direct competition and limiting the effectiveness of the competitors targeted by Elkjøp’s alleged conduct.




3.   MAIN CONTENT OF THE OFFERED COMMITMENTS









7.


Elkjøp does not agree with ESA’s description of its conduct or the legal analysis in the preliminary assessment. Nevertheless, Elkjøp has offered commitments pursuant to Article 9(1) of Chapter II of Protocol 4 to the SCA, to meet ESA’s preliminary competition concerns.












8.


The key elements of the commitments are as follows:






(a)


Elkjøp commits to not enter into agreements with suppliers on condition of no distribution, reduced distribution or less favourable distribution terms for specific competitors of Elkjøp in Norway. Elkjøp shall neither compel, incentivise nor request that distribution to Elkjøp is subject to no distribution, reduced distribution or less favourable distribution terms to specific competitors of Elkjøp in Norway.










(b)


Elkjøp commits to distribute a standard annual letter to all current and future suppliers informing them of Elkjøp’s commitments.










(c)


Elkjøp commits to provide annual competition compliance training to relevant employees, i.e. employees that work in its commercial department and employees that negotiate and/or make purchases from suppliers.










(d)


Elkjøp commits to implement monitoring and reporting obligations.
















9.


The commitments will be applicable for a period of five years from their entry into force. They may be prolonged for a period of up to five additional years, if necessary and proportionate.












10.


The commitments are published in full in English on the website of ESA at: https://www.eftasurv.int/competition/competition-cases/elkjop





4.   INVITATION TO MAKE COMMENTS









11.


Subject to market testing, ESA intends to adopt a decision under Article 9(1) of Chapter II of Protocol 4 to the SCA making binding the commitments summarised above and published on the website of ESA.












12.


In accordance with Article 27(4) of Chapter II of Protocol 4 to the SCA, ESA invites interested third parties to submit their observations on the proposed commitments. These observations must reach ESA no later than one month following the date of this publication in the Official Journal of the European Union and the EEA Supplement thereto. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’.












13.


Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, ESA would also invite you to suggest a possible solution.












14.


Observations can be sent to ESA under reference number Case No 84445 – Elkjøp either by email to registry@eftasurv.int, or by post to:





EFTA Surveillance Authority




Competition and State Aid Directorate




Avenue des Arts 19H




1000 Brussels




BELGIQUE/BELGIË










ELI: http://data.europa.eu/eli/C/2025/6068/oj
ISSN 1977-091X (electronic edition)