The 2009 Marketing Control Act regulates marketing, commercial practice and contract terms aimed at consumers.. The Act also regulates how commercial operators may act against their competitors (“good commercial practice”).
Marketing
Advertising
Some key issues related to advertising directed at consumers:
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- Telemarketing and the right of reservation
- E-mail and other electronic marketing activities (“spam”)
- Unaddressed advertising
- Advertising and other marketing activities aimed at children
- Raffles and competitions used for marketing purposes
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Price comparisons
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Unfair commercial practices
The prohibition against unfair commercial practices towards consumers covers all forms of deceptive or particularly aggressive commercial practices. The prohibition against unreasonable commercial practices in dealings with consumers covers all forms of misleading or especially aggressive commercial practices.
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Actions that will always be regarded as unreasonable are regulated in a separate regulation (“the Blacklist”).
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Good commercial practice
The provisions of the Act that provide protection to commercial operators include:
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- General requirement as to good commercial practice
- Prohibition against misleading business methods
- Protection of commercial secrets and technical know-how
- Prohibition against disloyal product imitation and copying
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Enforcement
In Norway, the Consumer Ombudsman and the Market Council are the key bodies that enforce the legislative provisions on consumer protection.
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Conflicts between commercial operators will generally be brought before the ordinary courts, although they may also be heard by the Competition Council – an advisory body established by, amongst other parties, business interests. Bull & Co have lawyers with extensive expertise and experience of representing clients in cases involving marketing law issues, both as advisers and in pleading cases before the Market Council, the Competition Council and the courts.
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