About the Market Council
The Market Council is a kind of administrative “court of law”. It carries out supervision of the Marketing Control Act, as well as parts of the regulatory framework governing prohibitions against advertising in the Norwegian Tobacco and Alcohol Act, and the advertising regulations in the Act on Broadcasting.
The Marketing Council was established in 1974. It is subordinated The Ministry of Children, Equality and Social Inclusion, and receives all its allocations from the national budget.
The procedure at The Market Council represents the second of a two-step procedure. Cases concerning assumed violation(s) against regulations in the Marketing Control Act must initially be considered by The Consumer Ombudsman (CO). The CO considers cases upon complaints from consumers and traders, but will also at own initiative look at marketing measures.
Through negotiations with traders CO sought to achive voluntary arrangements. Failure to reach such a solution, the CO may submit the case to The Market Council. The CO may also take matters of principle to The Market Council, even if there is no dispute with the trader concerned. Traders and consumers with a legal interest may appeal a decision made by The Consumer Ombudsman to The Market Council.
Cases concerning assumed violations of the prohibitions against advertising in the Norwegian Tobacco and Alcohol Act must initially be considered by The Norwegian Directorate of Health, whereas cases concerning violations on the regulations in the Act on Broadcasting must initially be considered by The Norwegian Media Authority.
The Market Council has the authority to issue decisions banning unlawful marketing, contract terms and conditions in standard contracts when deemed necessary in the interests of consumers. It also has the authority to ban unlawful advertising and to repeal decisions made by The Consumer Ombudsman, The Directorate of Health and The Norwegian Media Authority, respectively.
Decisions made by The Market Council can not be appealed to a superior administrative body, but can be brought to an ordinary court. Alleged maladministration can also be brought to the Parliamentary Ombudsman for assessment.
The Market Council consists of 9 members; one chairperson, one vice chairperson and seven ordinary members, who are appointed by the King in Council for a four year period. The Market Council has about 6-8 meetings a year, and makes about 20 – 25 decisions each year. The average case handling time is about 3 months.