Proposal – Draft regulation on the application of the Norwegian Competition Act at Svalbard

According to the Norwegian Competition Act  Section 5 third paragraph the King can decide that the Act shall apply to Svalbard. As for today no such regulation is given for Svalbard. By this public consultation The Ministry of Government Administration and Reform, in agreement with the Ministry of Justice and the Police, invites comments from interested persons and organizations on a draft regulation on the application of the Norwegian Competition Act at Svalbard. It is suggested that the regulation enters into force by 1 July 2009.

More about the proposal
Based on request from Longyearbyen lokalstyre , the Ministry of Justice  enquired the previous Ministry of Modernisation for an assessment of the application of the Norwegian Competition Act at Svalbard. This resulted in the report of December 2005 from the Norwegian Competition Authority “Should the Norwegian Competition Act apply at Svalbard? – A Competition Policy assessment”. The Authority suggests that the Act should apply to Svalbard, based amongst others on the fact that several market players have enquired such regulation. The Authority is of the opinion that The Act should apply without exemptions or local adaptations.

In addition the Ministry gives reference to the rapport “The Office of the Auditor General’s investigation of the management of Svalbard” (doc. 3:8 2006-2007), where pointed out the lack of and thus the need for increased public regulation at Svalbard.

On this background The Ministry of Government Administration and Reform, in agreement with the Ministry of Justice and the Police, suggests a regulation on the application of the Norwegian Competition Act at Svalbard, according to Section 5 third paragraph in the Act. As Svalbard is exempted from the EEA-Agreement, provisions in the Norwegian Competition Act concerning the Agreement are suggested excluded from the draft regulation.

Laws applying to Svalbard shall in principle include the entire group of islands. However based on the particular conditions at Svalbard, The Ministry asks in specific for comments on eventual needs of making other exemptions or local adaptations than those suggested in the draft regulation on the application of the Norwegian Competition Act at Svalbard. 

More details on the proposed draft regulation and a copy (in Norwegian) of the report of 2005 from The Norwegian Competition Authority are to be found at the Ministries homepage.

The consultation papers are drawn up both in Norwegian and English. By request to the Ministry hard copies of the consultation document can be obtained.   

The Ministry invites addressees to submit their comments and to carry out necessary submission to eventual underlying bodies.

Comments can also be submitted by e-mail to postmottak@fad.dep.no

The Ministry of Government Administration and Reform invites for comments by 25 September 2008.

Yours sincerely,