Description

Issued Supreme Court ruling stating that Schibsted's acquisition of Nettbil was not anti-competitive

On 16 February 2023, Norway's Supreme Court overturned the decision made by the Norwegian Competition Authority (NCA) to stop the 2019 acquisition of the online consumer-to-business marketplace platform Nettbil by media conglomerate Schibsted. In the investigation, the NCA found that there was a horizontal overlap in the online marketplace through Schibsted's car sales platform, "Finn.no", and that the acquisition would give incentives for anti-competitive behaviour and ordered Schibsted to divest the acquisition. The NCA's decision was held by the Competition Appeals Board, repealed by the Gulating Court of Appeal, and then reached the Supreme Court after the NCA submitted it for a decision. The Supreme Court concluded that Finn.no's and Nettbil's products do not belong to the same online product market, with significant price and product differentiation, and that the NCA's decision had insufficient evidence proving that the acquisition would "significantly impede effective competition" in line with Section 16 of the Competition Act.

Original source

Scope

Policy Area
Competition
Policy Instrument
Merger control regulation
Regulated Economic Activity
platform intermediary: e-commerce
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2020-11-11
under investigation

On 11 November 2020, the Norwegian Competition Authority (NCA) concluded its investigation into the…

2021-05-27
under investigation

On 27 May 2021, Norway's Competition Appeals Board agreed with the Norwegian Competitive Authority …

2023-02-16
in force

On 16 February 2023, Norway's Supreme Court overturned the decision made by the Norwegian Competiti…