Morten is an expert in dispute resolution – including litigation and negotiation – in procurement, competition, contract, tax and construction law. He assists a number of Norwegian and international clients with advice related to state subsidy law and competition law, and specialises in public procurement law regulations.
Morten previously worked at the Office of the Attorney General, and was a partner at law firm Wikborg Rein for 13 years before joining Wiersholm. He has also been a member of the Norwegian Complaints Board for Public Procurement. He is admitted to the Supreme Court and litigates regularly before the courts. He also has international arbitration and EFTA Court experience.
In the Norwegian Financial Daily’s annual lawyers survey, Morten is ranked as Norway’s leading expert in procurement law and as a leading lawyer in civil law litigation. He is also ranked as one of Norway’s leading lawyers in procurement law, competition law and litigation and dispute resolution by the renowned ranking agencies Chambers and Partners and Legal 500.
Awards, Work experience, Memberships and Education
- Band 1, Chambers Global, Dispute Resolution, 2025
- Top 10, Advokatundersøkelsen, Finansavisen, Dispute resolution, 2024
- Top 10, Advokatundersøkelsen, Finansavisen, Public procurement, 2024
- Hall of Fame, Legal 500, Public Procurement, 2024
- Band 1, Chambers Europe, Dispute Resolution, 2024
- Band 1, Chambers Europe, Competition/Antitrust: Public Procurement, 2024
- Highly Regarded, World Tax, Tax controversy, 2024
- Band 1, Chambers Global, Dispute Resolution, 2024
- Band 1, Chambers Global, Dispute Resolution, 2023
- Band 1, Chambers Europe, Dispute Resolution, 2023
- Band 1, Chambers Europe, Competition/Antitrust: Public Procurement
- 2023
- Top 10, Advokatundersøkelsen, Finansavisen, Dispute resolution, 2023
- 1st place, Advokatundersøkelsen, Finansavisen, Public Procurement, 2023
- Leading individuals, Legal 500, 2022, Public Procurement, 2022
- Band 1, Chambers Europe, Dispute Resolution – Norway, 2022
- Band 1, Chambers Europe, Competition/Antitrust: Public Procurement – Norway, 2022
- Band 1, Chambers Global, Dispute Resolution – Norway, 2022
- Leading individuals, Legal 500, Public procurement, 2021
- Band 1, Chambers Europe, Competition/Antitrust: Public Procurement – Norway, 2021
- Band 2, Chambers Global, Dispute Resolution – Norway, 2021
- Leading individuals, Legal 500, Public Procurement, 2020
- Band 1, Chambers Europe, Dispute Resolution – Norway, 2020
- Band 1, Chambers Europe, Competition/Antitrust: Public Procurement – Norway, 2020
- Partner, Wiersholm, 2024
- Managing Partner, Wiersholm, 2018
- Partner, Wiersholm, 2014
- Partner, Wikborg Rein, 2001
- Associate/Lawyer, the Office of the Attorney General, 1993
- Mandatory Army Service, the Office of the Judge Advocate General, 1992
- Chairman of the Board, Pareto Offshore AS
- Chairman of the Board, Pareto Securities AS
- Executive Education, Harvard Law School, 2018
- LL.M., Columbia University, 1997
- Cand. Jur., University of Oslo, 1992
Selected projects
Assistance to Skanska Norge AS in connection with a dispute against Bane NOR SF, a state-owned company responsible for the national railway infrastructure. The case concerned Skanska's claim for damages for loss of profit following alleged breaches of the Norwegian procurement rules in a competition for a major railway contract. Oslo District Court and Borgarting Court of Appeal sided with Skanska, finding that the winner of the competition should have been excluded and that Skanska should have been awarded the contract. A unique feature of the case is the amount of damages awarded – NOK 273 million (excluding interest). This is by far the highest amount ever awarded for breach of the procurement rules in Norway. The case was appealed to The Norwegian Supreme Court, but the Supreme Court’s Appeals Selection Committee did not refer the case, and the judgment from Borgarting Court of Appeal is final. This dispute gives rise to a number of procurement law questions related to correct handling of rejections, requirements for sound implementation of evaluations and the basic principle of verification. To avoid liability in procurement processes, these are the core areas that must be observed.
Assistance to one of the key tenderers in a tender process regarding procurement and contracting of a major roads construction and maintenance contract based on a public private partnership model (PPP). This is the first PPP contract regarding roads construction and maintenance in many years in Norway. The procurement has received significant political attention, as the partnership model has been highly praised by the current conservative government and severely criticized by the labour party opposition. Wiersholm's assistance has comprised all phases of the procurement process, including the prequalification phase and the tender phase with negotiations of the PPP contract. As our clients were awarded the contract in March 2018, Wiersholm has also assisted the PPP company and its sponsors in the phase towards closing of the PPP Contract. This includes assistance in preparation and negotiation of financing documents as well as the design and build contract and the operation and maintenance contract for the project.
Morten has litigated more public procurement cases than any other Norwegian lawyer. He litigated Norway's only private action for damages for breach of the competition rules before Borgarting Court of Appeal, and has represented the claimant in most of the cases in which significant amounts in damages have been awarded to bypassed providers. Such as LB-2012-36777 (Skanska), LB-2015-102226 (Seby) LB-2015-72805 (BT Signaal) etc. Morten also assists public clients in such actions. Morten represented Skanska Norge AS in an action regarding breach of the procurement rules, which resulted in the company being awarded NOK 54 million plus interest and costs in damages. This is the highest amount that has ever been awarded for breach of the public procurement rules in Norway.