Dagligvarekjedene vant: Prisjeger-dommer er inhabil

From October through December, retail giants Norgesgruppen, Coop, and Reitan Retail will attempt to convince the court that the millions they received from the Competition Authority should be revoked. It turns out that one of the three judges, Arild Oma, may need to be replaced roughly two weeks before the trial begins. "There is a real risk that his specialized knowledge of the firms' conduct in the price competition, combined with references to the case in formal or informal settings, has given him a special insight that should be addressed by habilitation rules," states a recent ruling from the Supreme Court.

The court was split. Two of five judges believed Oma could handle the case. Therefore, the retail giants claimed that both Arild Oma and Ingrid Kjelstad Gullaksen were disqualified. Primarily because they had held leadership roles in the Competition Authority during a period that overlapped with the price competition case. The case revolves around how the major retail giants have closely monitored competitors' prices using undercover agents, known as price spies, resulting in complete control over competitors' prices.

This is considered so systematic and extensive that it has harmed competition, costing consumers. The three retail giants strongly disagree. They are confident they did nothing illegal by following competitors' prices. Oma served as an investigation director at the Competition Authority from January 2013 to September 2017. Gullaksen worked there from 2010 to 2016, including as a department director.

Both worked with retail giants while on the authority but have denied any connection to the price competition case and declared they have no personal relationship with authority employees. In June, judges were granted authority in the Gulating Lagmannsrett, but the retailer did not stop and appealed the case to the Supreme Court.

Now, the court has reached an opposite conclusion - for one of them. "The majority of the Supreme Court has come to the conclusion that there are special circumstances that weaken the trust in judge Oma's fitness, and that he cannot serve in the case," states the ruling. Judge Gullaksen, however, unanimously found herself qualified. According to the Supreme Court, she had a "clearly peripheral" role.