Preamble to the agreement signed on 16 March 2001

Denmark, Iceland, Norway and Sweden,

Striving for a further strengthening and formalization of cooperation between the Danish, Icelandic, Norwegian and Swedish competition authorities with a view to a more effective management of the four countries' national competition legislation,

Being empowered, in accordance with their national competition legislation, to transmit information to the competition authorities of other countries which is subject to the confidentiality obligation of the competition authorities, if such transmittal is necessary for the further enforcement of the said countries' competition legislation and the transmittal takes place with a view to fulfilling the bilateral or multilateral obligations of Denmark, Iceland, Norway and Sweden,

Have agreed as follows:

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1 Amended, 2003.

Preamble to the agreement signed on 9 April 2003

Denmark, Iceland, Norway and Sweden,

Striving for the further strengthening and formalization of cooperation between their competition authorities with a view to a more effective management of the countries' national competition legislation,

Being empowered, in accordance with their national competition legislation, to transmit information to the competition authorities of other countries which is subject to the confidentiality obligation of the competition authorities, if such transmittal is necessary for the further enforcement of the said countries' competition legislation and the transmittal takes place with a view to fulfilling the bilateral or multilateral obligations of the countries,

Have agreed as follows:

Article 1

Accession

As provided under article VI of the Agreement between Denmark, Iceland and Norway concerning cooperation in matters of competition, signed at Copenhagen on 16 March 2001, hereinafter called the "cooperation agreement", the accession of Sweden may take effect upon the entry into force of the present Agreement.

The Swedish-language version of the cooperation agreement, annex 1, shall have equal authenticity with the Danish, Icelandic and Norwegian texts.

Article I

Definitions

In this Agreement the following expressions and concepts are defined and understood as stated below:

(a) "Competition legislation" is the legislation which exists at any given time, which at the present time consists:

(i) In the case of Denmark, act No. 384 of 17 June 1997, with its subsequent amendments, and consolidate act [lovbekendtgørelse] No. 687 of 12 July 2000, together with the executive orders [bekendtgorelser] issued in accordance therewith, respectively,

(ii) In the case of Iceland, act No. 8 of 25 February 1993, the Competition Act, with its subsequent amendments,

(iii) In the case of Norway, act No. 65 of 11 June 1993 relating to competition in commercial activities, and act No. 66 of 11 June 1993 on price initiatives, with its subsequent amendments.

(iv) In the case of Sweden, the Competition Act (1993:20), with its subsequent amendments.

"Competition authority (competition authorities)", "authority (authorities)" or "party (parties)" means:

(i) In the case of Denmark: Konkurrencestyrelsen,

(ii) In the case of Iceland: Samkeppnisstofnun,

(iii) In the case of Norway: Konkurransetilsynet.

(iv) In the case of Sweden, Konkurrensverket

"Enforcement measures" means:

(i) The use of competition legislation in connection with investigations, supervision, decisions and procedures of one or more of the Authorities.

(b) "Activities or behaviour in restraint of competition" depend on the competition legislation of the respective parties and may, for example, consist in

(i) Fixing purchase prices or sale prices or other business conditions,

(ii) Restricting or controlling production, marketing, technical development or investments,

(iii) Dividing markets or sources of supply,

(iv) Applying different conditions for performances of the same value with respect to trading partners,

(v) Requiring as a condition for entering into an agreement that the other contracting entity must approve additional performances which, by their nature or on the basis of commercial practice, are not related to the subject of the agreement, or

(vi) Abusing a dominant or collectively dominant position.

(c) "Mergers", 'acquisitions' and 'mergers'  are defined:

(i) In the case of Denmark: in act No. 416, article 12 a, of 31 May 2000,

(ii) In the case of Iceland: in act No. 8, articles 4 and 18, of 25 February 1993 or in act No. 107 of 25 May 2000,

(iii) In the case of Norway: in act No. 65, articles 3 to 11, of 11 June 1993 concerning competition in commercial activities.

(iv) In the case of Sweden: Competition Act (1993:20), article 34

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1 Amended, 2003.

Article II

Notification

1. The Danish, Icelandic, Norwegian and Swedish competition authorities shall provide each other with information concerning the situations in which one authority becomes aware that its enforcement measures may affect important competition-law interests that are subject to another authority's competence.

The enforcement measures concerning which it will normally be appropriate to provide information shall include measures that

(a) Are relevant to the enforcement measures of one or more competition authorities,

(b) Relate to activities in restraint of competition that largely originate or take place in the territory of one or more authorities,

(c) Relate to a merger, an acquisition or merger in which one or more of the participants in the transaction is an enterprise that is registered in, established under the legislation of, or resident in Denmark, Iceland, Norway or Sweden or in several of the countries,

(d) Relates to behaviour in restraint of competition which it is assumed that one of the countries concluding the Agreement has called for, promoted or approved,

(e) Relates to decisions of a vital nature that will require or promote a specific behaviour in restraint of competition in the territory of another of the countries concluding the Agreement.

2. In the case of acquisition or mergers that may affect important competition-law interests which are subject to the competence of another authority and which, in accordance with the legislation, must be reported to the competition authorities and/or which the authorities become aware of and/or themselves take up for consideration, notice shall, in pursuance of this article, be sent:

(a) In the case of Denmark: to Konkurrencestyrelsen,

(b) In the case of Iceland: to Samkeppnisstofnun,

(c) In the case of Norway: to Konkurransetilsynet.

(d) In the case of Sweden: to Konkurrensverket

3. The Danish, Icelandic, Norwegian and Swedish competition authorities shall also provide each other with information concerning all those cases in which the competition authorities intervene or participate in any other way in an administrative or judicial procedure that is not followed by enforcement measures, if the questions that are taken up in the course of the intervention or participation may affect important competition-law interests in one of the other Parties to the Agreement.

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1 Amended, 2003.

Article III

Exchange of unclassified information

The parties agree that it is in their common interest to exchange unclassified information which

(a) Makes possible a more effective application of their respective competition legislation, or

(b) Improves their understanding of the juridical and economic conditions and theories that are relevant to the parties' enforcement measures and the like or the conditions referred to in article II, paragraph 3.

Article IV

Exchange of classified information

1. The parties agree that it is in their common interest to exchange classified information. A requirement for a competition authority's provision of classified information shall be that the information:

(a) Must be subject at the competition authority that receives the information to a confidentiality obligation that is at least equivalent to that which prevails at the competition authority that provides the classified information, and

(b) May be used solely for those purposes which are established in this Agreement, and

(c) May be further transmitted by the competition authority that receives the information only if it has first obtained the explicit consent of the competition authority that provided the intbrmation and shall be used only for the purposes referred to in that consent.

Article V

Formal requirements and the like

Information from one competition authority to another competition authority in accordance with article II of this Agreement shall be provided in writing (including fax and electronic mail). Other communications may be made orally or in writing.

The parties shall inform one another in writing concerning the amendments that are made after the conclusion of this Agreement to their competition legislation or other legislation that may be relevant to the Agreement.

Article VI

New Parties to the Agreement

If all Parties to this Agreement consent, the Agreement may be extended to include additional Parties.

Final provisions to the agreement signed on 16 March 2001

Article VII

Entry into force

This Agreement shall enter into force on 1 April 2001.

Article VIII

Review and denunciation

The Agreement may be submitted for review at any time, and it may also be denounced by any Party in writing at 60 (sixty) days' notice.

Done at Copenhagen on 16 March 2001, in a single copy in the Danish, Icelandic and Norwegian languages, all texts being equally authentic.

Final provisions to the agreement signed on 9 April 2003

Article 3

Entry into force

The Agreement shall enter into force 30 days after the date on which the Parties have informed each other that the domestic requirements for its entry into force have been fulfilled.

Done at Helsinki on 9 April 2003, in a single copy in the Danish, Icelandic, Norwegian and Swedish languages, all texts being equally authentic.

Unless otherwise indicated, the translation of this text into English has been made by the Secretariat of the United Nations, See 2154UNTS37613.

Signing of agreement

Date: Mar 16, 2001

Location: København