Criminal prosecution of individuals for breach of the competition rules

The Norwegian Competition Authority has circulated for comments a draft guide regarding charges against individuals

The guide describes the cases in which the Authority will normally institute criminal proceedings against individuals for violation of the Norwegian Competition Act. The draft also states the conditions that must be met in order for the Authority to commit in advance not to press charges, as well as the procedure that must be followed in order for such advance commitment to be given.

The purpose of the guide is to create more predictability by identifying the individuals who risk charges and, subsequently, criminal prosecution.

The guide relates to issues that are of major personal and financial importance to individuals, and we are positive towards the Authority wanting to provide guidance on the type of situations in which charges against individuals might be brought.

However, in our comments on the draft we request even more predictability on several accounts. We have also argued that it should be easier to obtain the Authority's advance commitment not to press charges than what the Authority's current draft allows for.

If you have questions regarding the Norwegian Competition Authority's draft guide, the role of the Norwegian Competition Authority in general or Norwegian competition rules,

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