It is important to prepare a submission to the Competition Authority thoroughly, to facilitate a decision on an investigation or further proceedings.
Af þessum sökum eru sérstakar kröfur gerðar til erinda sem beint er til Samkeppniseftirlitsins, ætli málshefjandi að eiga aðild að rannsókn viðkomandi máls. Í 6. grein (gr.) reglna um málsmeðferð Samkeppniseftirlitsins, No. 880/2005 , and this is specifically provided for in an annex to the rules.
If a report does not meet these requirements, it will be received as a tip, which may subsequently lead to an investigation. Tips regarding matters that do not meet these criteria can be submitted on this website, and they will then be subject to the terms for tips.
The main requirements for submissions are as follows:
Name, address, national registration number and email address. If the complainant is a legal entity, its activities must be described, as well as the activities and structure of any corporate group of which it may, as the case may be, be a member.
Where applicable, a description should be provided, as detailed as possible, of the corporate group to which the company in question belongs, along with a description of the business activities carried out by these parties. It should be stated whether the person making the submission is a competitor or a customer of the party being complained about, or has any other relationship with them.
If a complaint is made about an alleged breach of competition law or public restrictions on competition, the specific incidents which, in the complainant's opinion, support the claim that a breach has occurred or that competition is being distorted must be described in detail. Furthermore, you must justify why these events are considered to contravene competition law or distort competition. You must provide a detailed description of the product, service or activity related to the alleged infringement or restriction of competition. Where applicable, a description should also be provided of the market concerned and the conditions prevailing within it, including the commercial practices and the nature of trade in the relevant goods or services. Provide all available information on the agreements, events, circumstances or actions of the parties to which the complaint relates. Where applicable, specify, as far as possible, the market share of all relevant undertakings and identify the main competitors and customers. If the submission concerns a request for an exemption from Articles 10 and 12 of the Competition Act, it must present detailed reasoning supporting the relevant party's assessment that such an exemption is justifiable.
The report must be accompanied by copies of all relevant documents in the individual's possession relating to the incidents to which it refers. Such evidence may include, for example, letters, emails, contracts, circulars, minutes of meetings, notes of meetings or telephone calls, price trend summaries, and other data or statistics that can show the development of the relevant market, etc. The name and address of the person(s) who can confirm the events described in the submission must be specified.
The submission must substantiate which legitimate interests the party concerned is seeking to protect. It must also describe the measures requested of the Competition Authority. Any recourse to other government authorities or the courts in relation to the matter must be stated.
Attach a statement to the Competition Authority, signed by or on behalf of all parties involved, to the following effect:
We declare that the information provided in this application is true, true and sufficient to the best of our knowledge, that an unsworn copy of the documents is attached, that all valuations are so described and are made to the best of our knowledge and belief of the facts of the case, and where an opinion is expressed it is done in good faith. We have taken note of the provisions of paragraph 2 of Article 42 of the Competition Act.
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