Public Ownership
Public ownership requires a careful balancing act. Demands for financial return must be weighed against the need to safeguard critical public services, prevent monopolies, create jobs, ensure sustainable operations and respond to political priorities set by actors other than the public owner itself.
Public owners hold not only an overarching responsibility but also exercise active control through regulatory requirements, ownership policies and various governance tools. This creates particular complexity in both governance and operations – especially when entities compete directly with private actors.
At Arntzen Grette, we have in-depth knowledge of political governance, corporate responsibility and regulatory frameworks. We understand the legal challenges linked to public ownership – from corporate governance and competition law to the requirements of Norway’s Freedom of Information Act (offentleglova). We provide strategic advice to management and owners, with a clear understanding of the need to balance expectations from both shareholders and the wider public.
We have advised, among others:
- Trondheim Spektrum AS – on a corporate reorganisation to establish a structural separation between commercial and protected activities
- Eviny AS – in an appeal before the Gulating Court of Appeal concerning the validity of the County Governor’s decision that Eviny was subject to the Freedom of Information Act (offentleglova). Eviny was fully successful, and the decision was declared invalid by a unanimous court
- Nyhavna Utvikling AS – on the application of the public procurement regulations and the scope of the Freedom of Information Act (offentleglova)
