Enforcement
Record fines against grocery chains upheld by the Competition Appeals Board
In August, Norway’s Competition Appeals Board upheld record fines of NOK 4.9 billion imposed on NorgesGruppen, Coop and Rema 1000 for unlawful price coordination in the grocery market.
The Board agreed with the Competition Authority that the chains engaged in illegal information sharing through so-called “price hunters” between 2011 and 2018, finding that the conduct harmed competition and exerted upward pressure on consumer prices, without proving any coordinated effects.
This is the first decision of Norwegian Competition Authorities under the effects rule in EEA Article 53 and the corresponding Norwegian rule. The infringement was deemed intentional. The fines imposed by the Competition Authority were substantially lower than those suggested in its initial Statement of Objections, and were upheld without reduction by the Appeals Board.
All three grocery groups have announced that they will appeal the decision to the Court of Appeal.
