On 1st July 2019, Eimskip demanded that the Reykjavík District Court rule that, on the one hand, the Competition Authority's investigation into the company's alleged illegal collusion with Samskip was unlawful and should be discontinued, and on the other hand, that the seizure of the company's data during searches at its premises be lifted. which had been placed on the company's documents during searches at its premises 10 December 2013 and 4 June 2014 and that copies of the data would be deleted.
On 10 October 2019, the Reykjavík District Court dismissed Eimskip's application for a ruling that the Competition Authority's investigation was unlawful and should be discontinued. Eimskip appealed that decision to the Court of Appeal. By a ruling on 25 October 2019, the Court of Appeal upheld the ruling of the Reykjavík District Court. Eimskip's request then remained for the seizure of the company's documents to be lifted and for copies of such documents to be destroyed.
In its ruling today, the Reykjavík District Court rejected Eimskip's remaining claim, namely that a lien placed on the company's data be lifted and that copies of the data be destroyed.
Regarding enquiries about the status of the investigation, the following should be noted:
- The investigation by the Competition Authority is focused on whether Eimskip and Samskip (Samskip Holding BV, Samskip hf., Landflutningar ehf. and Jónar Transport hf.) have engaged in illegal collusion in the markets for sea freight, freight forwarding and land transport, in breach of Article 10 of the Competition Act and Article 53 of the EEA Agreement. In connection with the investigation, the Competition Authority conducted searches at the companies on 10 September 2013 and again at Eimskip on 4 June 2014. This investigation was initiated following tips from both customers and competitors of Eimskip and Samskip.
- The Competition Authority has had the companies' possible breaches under continuous investigation, and it is well advanced. Among other things, the Competition Authority has given the companies the opportunity to comment on the Authority's preliminary assessment and the evidence on which it is based, as it safeguards the companies' right of reply in such cases by issuing a so-called notice of objection.
- Eimskip and Samskip have been given an opportunity to exercise their right of reply in two stages. The first notice of objection was served on the companies on 6 June 2018, and they were invited to submit their comments and views. Neither company exercised this right. The second notice of objection was issued to the companies at the end of last week. The companies have now been given final deadlines to submit their comments and views.
This case is being prioritised by the Competition Authority. The scale of the investigation, including the volume of underlying data, is unprecedented in the investigation of competition matters in this country.
