EU/EEA and Competition law

Wikborg Rein’s EU/EEA and competition law group consists of lawyers specialising in competition law, public procurement law, state aid and general EU/EEA law. These areas of law are of increasing importance both to private and public undertakings, and we have in recent years experienced a significant increase in demand for legal assistance within these areas. Wikborg Rein has one of the largest and most experienced groups of lawyers within these areas of law. The group is headed by partners Mads Magnussen and Morten Goller.

Our lawyers have experience from handling large, complex competition law, public procurement law, state aid and general EU/EEA law cases within most business areas. We continuously handle cases within these areas that involve contact with Norwegian and international authorities and courts. We also assist in cases involving other state’s national authorities and courts through our overseas offices and international networks.

The lawyers in the EU/EEA and competition law group provide legal and strategic advice in e.g. the following cases;

• Competition law assessment of mergers, acquisitions, establishment of joint ventures and other concentrations. Drafting and follow-up of notifications to national and international competition authorities.
• Drafting and quality assurance of distribution agreements, licence agreements and various forms of cooperation agreements, in order to ensure compliance with the relevant competition rules.
• Assistance in case of disclosure of anti-competitive agreements, e.g. market sharing, price fixing and bid rigging. Handling of the contact with competition authorities, for example in connection with application for leniency or unannounced inspections from the authorities (dawn raids).
• Assessment of exclusivity agreements, loyalty rebates, refusal to supply and other types of market conduct that may constitute abuse of a dominant position. Assistance in relation to complaints to the competition authorities. 
• Drafting of internal compliance guidelines and routines on how undertakings may avoid violation of the competition rules and how to act in case it becomes involved in competition cases.
• Advice to public and private undertakings in relation to rights and obligations following from the state aid rules of the EEA Agreement. Assistance in relation to the handling of state aid cases before the EFTA Surveillance Authority. 
• Advice to tenderers and contracting authorities in relation to public procurement. Assistance in the preparations for and completion of tendering procedures, including drafting the invitation to tender and standard documents. Handling of disputes before the courts and the Public Procurement Complaint Board (KOFA).
• Assessment of whether specific public regulations and arrangements are problematic in relation to the rights of free movement of goods, services, persons and capital under the EEA Agreement. Contact with the EFTA Surveillance Authority, the EFTA Court and national courts in such cases.