Electronic communication law
Copyright and other IP law
2010 Partner, Advokatfirmaet Hjort DA
2008 - 2009 Senior Attorney, Advokatfirmaet Hjort DA
2000 - 2008 Attorney, Legal Department of Telenor ASA
1999 - 2000 Attorney, Advokatfirmaet Thommessen
1998 - 1999 EFTA Surveillance Authority, competition and state aid department
1997 - 1998 Deputy Judge, Nedre Romerike herredsrett
1996 - 1997 Associate, Advokatfirmaet Thommessen
1996 Diploma in competition law, Kings College
1995 Law degree, University of Oslo
1992 - 1994 Degrees in English and German for lawyers
Norwegian (and other Scandinavian languages), English, German
Memberships and Honorary Posts
Member of the Norwegian Bar Association
Member of the European and Competition Law Committee of the Norwegian Bar Association
Anti-competitive practices lead to higher prices. But how can a buyer of products and services identify whether the prices charged are a result of such illegal practices? In order to assist procurement officers in both the public and private sectors, the Norwegian Competition Authority has published a list of typical signs of illegal cooperation between suppliers.
The European Free Trade Association Surveillance Authority has fined Posten Norge AS (the Norwegian Post Office) €12.89 million for abuse of its dominant position. Posten Norge established a post-in-store concept, whereby consumers could pick up their parcels in local shops. Its exclusive agreements with these outlets made it difficult for competitors to establish a competing national network for parcel delivery.
The Oslo District Court recently passed a judgment upholding the Competition Authority's administrative fine of NKr400,000 (approximately €50,000) against a trade association for bus charter operators. The verdict is a reminder that not only individual undertakings, but also trade associations are subject to competition law prohibitions. The district court also decided to apply the penal burden of proof for administrative fines.
The Competition Authority recently informed Norwegian grocery chains that it is to extend their obligation to notify it of agreements with 19 dominant suppliers. The existing notification obligation was introduced in 2005 and will now continue until 2015.
The Competition Authority has published best practice guidelines on the conduct of merger control proceedings. The purpose of the guidelines is to improve the predictability of proceedings and establish an efficient review process. The guidelines discuss both pre-notification contacts and case handling after receipt of a formal notification.
The government has issued a regulation on the use of trustees in merger cases. Among other things, it establishes when and how trustees are to be appointed, rules for trustee use of third-party assistance and the duties of a trustee in respect of ensuring compliance with conditions for approval of mergers.
The Competition Authority has published guidelines on the application of the Competition Act to collusive tendering. They describe the general approach that should be followed when assessing collusive tendering and set out common circumstances to be taken into consideration when evaluating its legality.
The Competition Act has been amended in respect of the procedural merger control rules with effect from July 1 2008. Changes related to the repeal of the former filing deadline and automatic suspension of all mergers will bring the act further into line with the EU Merger Regulation, and new content requirements for notifications will require the provision of more detailed information.
International energy drink giant Monster Energy Company recently lost a trademark infringement claim against energy drinks start-up Manimal Energy before the Borgarting Court of Appeals. The appeal court also rejected Monster's claim that Manimal had copied Monster's products in violation of Norwegian marketing law. Despite this setback, Monster may still consider such action successful due to the chilling effect that it could have on competing brands and products.
The Supreme Court recently handed down a decision in a case concerning screens for iPhones imported into Norway by a mobile repair shop operator. The screens, which were not manufactured by Apple, had originally been branded with the Apple logo, but the logos were covered with marker. The question was whether the screens infringed Apple's trademark rights.
Norway is introducing new rules on customs seizures of goods that infringe IP rights. The new rules are likely to take effect from January 2021 and are more aligned with the comparable EU rules than the current Norwegian regulations. Nonetheless, Norway will not become part of the EU-wide system for submitting and handling applications for border seizures.