Norway: Introduced Electronic Communications Act (Prop. 93 LS) including unilateral conduct regulation

On 12 April 2024, the Ministry of Digitisation and Administration submitted the Electronic Communications Act to the legislature of Norway. The Act aims to prevent monopolistic practices. It updates the criteria for determining significant market power (SMP) and introduces obligations for providers identified with SMP. A provider is considered to have a significant market position if it can independently affect prices over time without experiencing a detrimental effect on its sales. The assessment of a provider’s market position is based on guidelines that take into account not just the market share percentage but a comprehensive view of market conditions. This assessment aligns with the directives of the EEA Agreement and involves analysing whether a provider, acting alone or in coordination with others, could potentially dominate the market. The measures for companies with SMP include fair access to infrastructure, non-discriminatory pricing, and increased operational transparency.