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What measures can the organisation take following market research?

17 October 2018
Snowcap Mountain

If the market research of the Competition Authority
leads to the belief that it is necessary to intervene with the relevant parties
market may, pursuant to paragraph 2 of Article 16 of the Competition Act, include any of the following
measures necessary to promote competition, stop infringements or
react to the actions of public authorities which may have a harmful effect on
competition. The Competition Authority can apply necessary measures both to
changes to behaviour and organisation, in proportion to the offence committed
the thing, the circumstances or the conduct in question.

The Competition Authority has thus, pursuant to.
the aforementioned authorisation to intervene despite the company not having breached
antitrust rules or where a merger restricting competition is concerned.

If the Competition Authority considers that a restrictive decision
could be taken following a market study, including measures to make changes to
procedures and organisation of companies, shall issue an objection document in connection with
the aforementioned preliminary assessment report, pursuant to Article 8 of Regulation No 490/2013. It deals with
other objection pursuant to Article 17 of Regulation No 880/2005 on procedure
The Competition Authority.

An investigation, or part of it, which leads to
binding intervention, is concluded by a decision of the Competition Authority pursuant to Article IV.
chapter of the rules no. 880/2005 on the procedure of the Competition Authority, pursuant to section 2.
of the aforementioned Article 10 of Regulation No 490/2013.

In accordance with paragraph 1 of the aforementioned Article 10 of the rules
No. 490/2013: The board of the Competition Authority discusses the findings.
of market research and are submitted to it for approval or rejection,
decisions based on the investigation which involve intervention in accordance with Article 1(c).
subsection 16 of the Competition Act or other provisions of the Act.

Decisions on intervention by the Competition Authority
pursuant to the aforementioned second paragraph of Article 16 of the Competition Act, are appealable to the Appeal Board
competition matters, cf. Article 9 of the Competition Act.

In accordance with c-item of the first paragraph of Article 8 of the Competition Act
The Competition Authority has the task of ensuring that the actions of public authorities do not restrict competition.
that parties do not restrict competition and point out ways for governments to make
competition more effective and make it easier for new competitors to enter markets. If
the findings of the market study that regulation or the implementation by the authorities entails
restrictive practices within the meaning of paragraph 1(c) of Article 16 of the Competition Act may
The Competition Authority issues an opinion or recommendations to the relevant authorities, etc.
Article 9(d) of Regulation No 490/2013, in light of Article 18 of the Competition Act and Article 24.
Regulation of Procedural Rules No. 880/2005.

It may be mentioned in this context that on the 4th.
In April 2017, the Competition Authority published four opinions and recommendations to the government.
regarding the outcome towards the authorities in the market study of the fuel market,
cf. the following opinion of the Competition Authority no.:

·        
1/2017 Restraints on competition in the fuel market Opinion to
Minister for the Environment and Resources, ,

·        
2/2017 Restrictive practices in the fuel market Opinion on
The City of Reykjavik,

·        
3/2017 Restraints on competition in the fuel market
Opinion to the Minister for Transport and Local Government and

·        
4/2017, Restraints on competition in the fuel market
Opinion on the Transport Equalisation Fund.

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