What is the legal basis for bringing an action for breach of competition law?
The Norwegian Competition Act (“CA”) does not contain any provisions regulating actions for breach of competition law. The legal basis therefore depends on the action brought forward. The legal basis for damage claims is non-statutory law of tort. For actions claiming restitution and performance, general principles of (contract) law will apply. If the competition rules of the EEA Agreement are breached, the general principles of the EEA law (corresponding to the general principles of EC law) will apply supplementary to Norwegian (internal) law. In respect of annulment actions against infringement decisions by the NCA, the CA however mandates legal basis for this category of actions. The rules of procedure in proceedings are governed by the CPA, which entered into force 1 January 2008.
