Introduction:
EU/EEA law has considerable influence on Norwegian domestic law. This is especially true within the field of competition law which after the coming into force of the Norwegian Competition Act on 1 January 2005 has put competition law on the agenda for most undertakings operating in the Norwegian market. EU/EEA law has also affected the day to day operation of public entities and private undertakings alike through the Public Procurement Directive which in Norway is implemented in the Public Procurement Act and Public Procurement Regulation.
Competition Law:
Dealing professionally with changing and complex competition issues is very important, for both private and public entities operating in the national and international market. The recent developments in competition regulation implies considerable obligations on the individual undertaking in relation to corporate governance and trading relationships, frequently making it essential and necessary to seek legal advice. Our lawyers have been involved with an increasing number of complex legal issues within competition law and regulatory enquiries. Vogt & Wiig has advised and acted for both Norwegian and foreign clients in relation to a broad specter of issues involving competition law, including;
- Assessments of proposed mergers, acquisitions and joint ventures, including notifications to the competition authorities;
- Assessment and drafting of distribution agreements, franchise agreements, agency agreement and other trade agreements;
- Assessment of issues involving a potential abuse of dominant market position, including, amongst others, exclusive dealing, refusal to supply, fidelity rebates and margin squeezes;
- Advices concerning recommended internal routines and set of rules;
- Assistance in connection with dawn-raids;
- Litigation
Public Procurement law:
The Public Procurement regulations contain provisions which many public contracting entities regards as demanding to comply with. In our experience, although raising difficult issues, the regulations can also be used as a tool in order to ensure effective procurements provided that the processes and competitions are planned and executed professionally. Likewise, the suppliers submitting tenders may find it difficult to act compliant to the regulations and to understand the process which leads to successful contracting, but can trough professional assistance gain an advantage compared to other suppliers. Vogt & Wiig advise both private suppliers and contracting entities in relation to public procurements, hereunder;
- The Planning and execution of public procurement competitions
- Negotiations and contracting
- Disputes in relation to public procurements
- Dispute resolution and litigation before the Norwegian Public Procurement Complaints Board (KOFA), national and international court
- Evaluating and revising internal routines and guidelines, as well as in-house coursing of officers