The Legal 500

In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.


Norway is a member of the European Economic Area (“the EEA”), and a party to the EEA agreement. Through the EEA agreement Norway has implemented EU legislation on, inter alia, public procurement.

On 3rd May 2012, Advocate General Verica Trstenjak issued her opinion in case C-130/11, also known as the Neurim case. Should the Court of Justice choose to accept the findings of the opinion, it will improve the possibility for the pharmaceutical industry in Europe to obtain SPCs for medicinal products.

The banking sector is regulated by the Ministry of Finance and the Norwegian Financial Supervisory Authority (the FSA). The FSA is responsible for the supervision of banks.

The Supreme Court of Norway has recently turned down the appeal against the judgement of Borgarting Court of Appeal in the case Pharmaq AS v Intervet International BV et al.

Doing business in Norway contains a summary of the aspects of Norwegian law that are most likely to interest foreign companies or individuals that are contemplating doing business or engaging in commercial activities in Norway. A publication of this kind can obviously only provide a limited outline of certain legal areas. The information contained in the publication is not exhaustive.

The growing Chinese economy and Chinese investments is object of debate in Europe. Focus has especially been on alleged strategically-motivated takeovers by Chinese State-Owned-Enterprises (SOEs). Attorney-at-law Odd Stemsrud has written an article concerning the Commissions’ handling of acquisitions by Chinese SOEs.

The Norwegian Supreme Court issued its ruling in the so-called “Dell-case” on 2 December 2011. The main issue if the case was whether the Irish company Dell Products could be considered to have a taxable presence in Norway under article 5 (5) of the Tax Treaty between Ireland and Norway (permanent establishment), as a consequence of the activities of the Norwegian company Dell AS.

On 14 February 2012, a committee appointed to undertake a broad review of the Norwegian Competition Act issued a report proposing several important amendments to Norway's merger control regime, including significantly increased filing thresholds.

Norway is on the verge of involuntarily allowing the advertising of alcoholic beverages on television, contrary to the country’s strict alcohol policy. This change, which may take place as a result of pressure from the EU Commission, would have a significant impact for owners of alcohol brands.

Ruling by ECJ November 24th 2011.