European competition authorities have published jointly statement condemning Russia's military action against Ukraine, and declaring their full support for Ukraine and its people. The competition authorities are also aware of the economic and social impact the situation may have on both Ukraine and the European Economic Area.
In this regard, the European competition authorities draw attention to the fact that the objectives of the existing competition rules and their enforcement are important in the difficult circumstances that businesses and national economies are currently facing. Furthermore, the competition authorities are aware that these unprecedented circumstances may require companies to respond to serious disruptions, which the war and/or coercive measures on the internal market may cause.
In Europe, it is generally stipulated that companies themselves assess whether the exemption for corporate cooperation applies in each case (often referred to as self-assessment), and this exemption is provided for in Article 15 of the Icelandic Competition Act (No. 44/2005), cf. also general Guidelines of the Competition Authority from December 2020.
Measures taken by undertakings that are strictly necessary, are of limited duration and are specifically aimed at overcoming serious difficulties caused by the war or its effects, are likely to fall within the aforementioned exemption grounds. Competition authorities will therefore not take action against company measures that fall under the aforementioned exemption grounds.
If, following the aforementioned self-assessment, companies are uncertain whether their proposed collaboration meets the conditions of competition law, they may approach the relevant competition authorities for informal guidance.
The statement also notes that it is crucial to ensure that essential goods are both available and at competitive prices, and that the current situation is not used to undermine the competitiveness and functioning of markets. Competition authorities will therefore not hesitate to take action against companies found to be exploiting the current situation to engage in illegal collusion or to abuse their dominant market position.
The statement is available in English here..
On this occasion, the Competition Authority would also like to draw attention to information page which was launched on its website last autumn, providing guidance on the limits that competition law places on the activities of business interest groups, including in relation to discussions about the pricing of goods and services.
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