In its decision of 15 May, the Competition Authority concluded that Byko had breached competition law and the EEA Agreement through illegal collusion with the former Húsasmiðjan during the period covered by the investigation.
The decision of the Competition Authority was appealed to the Competition Appeal Tribunal, which delivered its ruling today.
A ruling by the appeals board confirms the finding that Byko breached competition law through collusion with the former Húsasmiðjan. The ruling states that „Byko has breached the provisions of Article 10 of the Competition Act. It is therefore essentially described that organised and systematic exchanges of information about prices led to a situation which developed in such a way as to enable both to increase their prices. The frequent contacts also led to a search for outright price-fixing as described above…“
The appeal committee therefore holds that it is not bound by the ruling of the Reykjanes District Court, which was delivered in April in the case concerning charges brought by the Office of the Special Prosecutor against certain employees of Byko, Húsasmiðjan and Úlfurinn.
However, the appeal board considered that Byko's infringement was not as serious as the Competition Authority had found. The board therefore deemed it appropriate to reduce Byko's fine from 650 to 65 million krónur. Furthermore, the board found it unproven that the infringement had been committed against the EEA Agreement.
Under competition law, the Competition Authority is tasked with assessing whether the public interest, inherent in effective competition, requires that decisions of the Competition Appeals Tribunal be referred to the courts. Furthermore, the Competition Authority is tasked with applying the competition rules of the EEA Agreement. In accordance with these duties, the Competition Authority will now review the grounds of the appeal board.
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