The Supreme Court of Norway renders its first judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position <em(Tine)

On 22 June 2011, the Norwegian Supreme Court rendered its first ever judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position, a provision akin to Article 102 TFEU. The judgement ultimately vindicates dairy producer Tine AS («Tine«) for practices on the Norwegian cheese market in 2004 that the Norwegian Competition Authority («NCA«) considered amounted to an abuse of dominance in a 2007 decision. After two appeals, the Supreme Court finally endorsed Tine‘s submission that its behaviour constituted «competition on the merits«. Background: Facts and Procedure Until 1997 Tine held a monopoly on the Norwegian dairy market and in 2004 its market share was above 75% for white cheese and above 90% for brown cheese, with limited competition

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Henrik Nordling, The Supreme Court of Norway renders its first judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position <em(Tine), 22 June 2011, e-Competitions June 2011, Art. N° 38516

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