Norway FDI control

Produced in partnership with Stuart Stock of Wikborg Rein and Patrick Oware of Wikborg Rein
Practice notes

Norway FDI control

Produced in partnership with Stuart Stock of Wikborg Rein and Patrick Oware of Wikborg Rein

Practice notes
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A conversation with Stuart Stock, specialist counsel, and Patrick Oware, senior associate, on key issues on FDI Control in Norway.

1. What is the applicable legislation?

The control of foreign Investments on grounds of national security is governed by the Act of 1 June 2018 No. 24 relating to National Security (the "Act"), specifically chapter 10 of the Act.

In addition, there are other indirect control mechanisms, in particular the obligation for a company that is party to contracts that require facility security clearance, to inform the relevant authority of changes in its board composition or ownership structure. Furthermore, the King in Council, i.e. the government in plenary session, may take decisions to prevent activities that present a threat to national security or other planned or ongoing activities that may present a "not insignificant risk" of a threat to national security interests.

2. Which government or other body (or bodies) reviews foreign investments?

The competent authority to receive and process the filing is the relevant ministry with responsibility

Stuart Stock
Stuart Stock

Solicitor, Wikborg Rein


Stuart is an experienced competition lawyer, with a particular focus on multi-jurisdictional merger control and investigations.
 
Stuart is a qualified solicitor of England and Wales as well as a Norwegian qualified lawyer, and has spent time working in London and Brussels in private practice, as well as time working for the Competition and Markets Authority.
 
Stuart is recognised as one of Norway's leading competition lawyers, and has been ranked as a "Rising Star" in the field by Legal 500 since 2021, where he is described as "very responsive & helpful, a technically strong lawyer" and 'incredibly knowledgeable' with a track record in handling multi-jurisdictional investigations and merger control mandates". Stuart was also recently awarded a Lexology "Client Choice" award for 2024, as well as being named a "Future Leader (Non-Partner)" by Who's Who Legal.
 
Stuart speaks at conferences and has written several articles on topical competition law issues, including on merger control, the application of competition law in the renewable energy space, and developments in FDI and foreign subsidies regulations. Stuart is the current author of the Norwegian merger control and Norwegian FDI chapters for Lexis+.
 
Outside of his fee earning work, Stuart is also the Chair of Wikborg Rein's LGBTQ+ Network, which works to promote the interests of LGBTQ+ people working at the firm as well as conducting outreach and projects with third parties, and is a member of the Committee for International Lawyers at the Norwegian Law Society.

Patrick Oware
Patrick Oware

Senior Associate, Wikborg Rein


Patrick works is a specialist within procurement law, state aid law and FDI.
 
He has solid experience from public procurements, having worked with procurement of goods, services and construction works, for major Norwegian public clients in various sectors. Patrick assists both clients and suppliers with counselling, legal investigations and dispute resolution.
 
In the field of state aid law, he has experience in investigating various issues related to state aid law, such as whether the public authority's actions constitute state aid, the rules for legal state aid, and the relationship between the procurement rules and the state aid rules. Patrick also has experience with notifications, complaint processes and investigation cases before the EFTA Surveillance Authority.
 
Patrick also regularly works with issues related to the Security Act, including ownership control/FDI screening.

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Jurisdiction(s):
United Kingdom
Key definition:
Control definition
What does Control mean?

[has the meaning given to it in section 1124 of the Corporation Tax Act 2010 OR means the ownership'>beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and the expression change of control shall be construed accordingly;

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