Cross-border Cooperation Lars Grøndal, Acting Deputy Director General Tokushima, Sept. 5th 2019
Norway 2
Norway Card payments 2018: 960,6 billion NOK • Norwegians frequently shop cross-border • By car to Sweden • Online • Travelling abroad Abroad In Norway • It is therefore very important for Norwegian consumers that Norway is actively participating in cross-border consumer cooperation 3
Cross-border consumer cooperation • Policy • Norwegian Ministry and The Norwegian Consumer Council • OECD, Consumer Policy Network, Consumers International • E.g. The Norwegian Consumer Council on TED talks about digital rights: https://www.forbrukerradet.no/side/the-norwegian-consumer-council-holds- a-halloween-ted-talk/ • Enforcement • The Norwegian Consumer Authority (NCA) • International Consumer Protection and Enforcement Network (ICPEN) and Consumer Protection Cooperation (EU) • E.g. case against Airbnb 4
The NCA vs. Airbnb • 2013: • Airbnb launches its services to Norwegian consumers • Sharing/collaborative economy is much debated • 2015: • ICEPN meeting in Manchester where Australian Competition and Consumer Commission provides info on Airbnb's drip pricing 5
The NCA vs. Airbnb • 2016: • NCA finds that Airbnb's price info is in breach of the Norwegian Marketing Act and sends letter to Airbnb. Airbnb disagrees. • NCA starts cooperating with other Nordic countries • Pricing practices also contrary to Unfair Commercial Practices Directive • NCA initiates discussions with other European consumer authorities and the EU Commission through the Consumer Protection Cooperation Network (CPC) • 2017: • European Consumer Authorities and EU Commission tries to find a common position 6
The NCA vs. Airbnb • 2018: • Letter is sent to Airbnb with common position and negotiations starts • 2019: • Airbnb agrees to change it practices in accordance with the common position 7
The NCA vs. Airbnb • Common position: • Price information must contain all mandatory taxes and fees • Identification of traders and commercial intent • Email address and link to online dispute resolution platform • Consumers jurisdiction • Limitations on liability • Not unilateral change of terms and conditions • Give notice before user generated content is removed • Must have sufficient reason to unilateral terminate an agreement • For more info: https://europa.eu/rapid/press-release_IP-19- 3990_en.htm 8
The NCA vs. Airbnb • What did we learn? • It takes time and resources to reach a common position between authorities, even when the regulation is the same • There are well functioning networks that facilitate discussions and cooperation • Someone must take the lead and use sufficient resources 9
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