Ha, sweet strategy. I wonder if any US-based managed funds do the same thing? I can't recall hearing of any being exposed, but that doesn't mean it's not happening somewhere. I'd say in general in the US, for better or worse, such a fund would be "punished" not by the government, but by people voting with their dollars. And in recent years the tide of dollars really seems to have been turning away from actively-managed funds to low-cost funds from Vanguard and others.
But it's not clear from the article: is the fund closely matching the index *before* the fees are included, or *after* the fees are included? It must not be after-fees, because that would mean its investments are actually outperforming the index, not following it. But if it's before-fees, then it seems like the sub-par returns vs. the index would be obvious, and that's why it seems like the voting-with-dollars (er, kroner) would solve the problem on its own. Maybe the government simply pointing out the underperformance would be a compromise between over- and under-regulation.
Even if you're all for government involvement in the management of mutual funds, forcing the fund to do active-management sounds like a terrible idea, because it would imply government approval of the idea that active-management actually *works*, and is worth the fees, when all research has shown that it's not. "If you're charging active-management fees, you better be giving better than passive-management returns!!"...except that's not actually how it works. Making that change wouldn't actually help investors, it would just force the fund manager to be less lazy.
Also, dang, Google's translations have gotten really damn good.