The Competition Authority can confirm that the EFTA Surveillance Authority (ESA) today initiated an unsolicited investigation concerning a specific retail market in Iceland. The measures are part of the authority's investigation into whether the competition rules of the EEA Agreement have been infringed. The Competition Authority is assisting with the measures.
A press release from the EFTA Surveillance Authority, from earlier today, is available. here.
At this stage, the Competition Authority is not providing any further information and all enquiries are referred to the EFTA Surveillance Authority.
According to Article 21. of the Competition Act, the Competition Authority, the Competition Appeals Board and the Icelandic courts are tasked with enforcing the prohibition in Articles 53 and 54 of the EEA Agreement against illegal collusion and the abuse of a dominant position. In accordance with this, the Icelandic competition authorities have repeatedly investigated infringements and, where necessary, intervened in respect of breaches of the EEA Agreement's competition rules, alongside intervention for breaches of Icelandic competition law. In investigating and deciding such cases, the Competition Authority consults and co-operates with the ESA, in accordance with the rules governing this within the European Economic Area.
In addition to the above, the ESA has the independent authority to enforce the competition rules of the EEA Agreement here in Iceland. Under Article 22 of the Competition Act, the ESA is, among other things, authorised to carry out unannounced inspections in Iceland in accordance with the relevant rules. The Icelandic authorities are obliged to assist the ESA in such investigations.
The ESA has exercised this power in a number of cases concerning the conduct of Norwegian companies, see e.g. the judgment of the EFTA Court in case E-12/20, Telenor ASA and Telenor Norge AS v. EFTA Surveillance Authority.
With today's actions, ESA is for the first time conducting an unannounced inspection of a company in this country.
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