BECCLE’s Ingrid Margrethe Halvorsen Barlund and Christian Franklin together with Norwegian Supreme Court Justice Henrik Bull, at the XXVI FIDE Congress, May 2014.
photo: Håvard Ormberg
Ingrid’s article ‘Kor fritt står nasjonale styresmakter til å regulere eigen konkurranse i den indre marknad?’ is forthcoming in the Norwegian journal Tidsskrift for Forretningsjus (TFF)
In the article, written in Norwegian, Ingrid discusses the EEA agreement’s limitations on national competition regulation.
The surveillance and court agreement (SCA) protocol 4 Chapter II Article 3 Nr. 2 draws a borderline between the different types of cooperation in Article 53 of the EEA-agreement and unilateral behaviour and states that national authorities are only allowed to further regulate the latter. The author argues that border between agreements and unilateral behaviour is unclear. There seems to be an overlap where certain behaviours fulfil both the requirements for an agreement according to Article 53 of the EEA agreement and a unilateral behaviour according to how it is defined through case law. The article discusses the border de lege lata, and concludes that the incidents of overlap are to be classified as unilateral according to article 3 and that consequently national authorities are not excluded from regulating them.
The article is currently available electronically here