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Norwegian grocery giants face judge recusal as Supreme Court questions eligibility

The Supreme Court ruled that judge Arild Oma must be replaced two weeks before a price-hunting case involving Norgesgruppen, Coop and Reitan Retail, citing potential bias.

From October through December, Norway's three biggest grocery chains will argue before the Supreme Court that the hefty penalties imposed by the Competition Authority should be dismissed. The court identified a conflict of interest for judge Arild Oma, who served as the Authority's investigation director from 2013 to 2017, and ordered his substitution less than two weeks before the hearing. The decision split the bench, with two of five judges favoring Oma's involvement.

In contrast, fellow panel member Ingrid Kjelstad Gullaksen, who also worked for the Authority but in a more peripheral capacity, was unanimously found to be unbiased. The case follows a June ruling by the Gulating Court of Appeal that upheld the fines, which the grocery chains appealed to the Supreme Court.

Why it matters

The ruling could affect how major retailers contest competition fines and highlights judicial independence concerns.

In this story

price huntingcompetition feejudge recusalNorwegian grocery chainscompetition authoritySupreme Courtconflict of interestlegal appeal
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