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Ruling on Símen's breach of settlement with the Competition Authority overturned in the district court

11 October 2022

With in its judgment today has the Reykjavík District Court ruled out
value of the decision of the Competition Appeals Tribunal in Case no.
1/2020
, which confirmed the conclusion of the Competition Authority
(Decision no. 25/2020) that Síminn had breached an agreement that the company made with
The Competition Authority, 15 April 2015. Furthermore, the validity is revoked.
a regulatory fine for the breach imposed on Síminn, amounting to 200 million króna.

In the aforementioned ruling of the appeals board, it was confirmed that Síminn
would have breached the aforementioned agreement by bundling telecommunications services and
linear television service (English football on Síman Sport) in so-called
Home package. The appeals board considered that Síminn's breach was serious and that
the company's conduct had been in conflict with the provisions of the settlement it had
to uphold in its operations. It was considered that Síman had
could not fail to notice the company's marketing and sales on the television channel
The Sport app might violate the agreement.

This accepted the conclusion of the Competition Authority that
The pricing of Símans on English football, as part of the Home Package, has laid
a stone in the road of the company's competitors and limiting their ability to attract
to its customers.

In today's High Court judgment, the above-mentioned ruling of the Court of Appeal is upheld.
set aside and concluded that the defendant had not established
evidence for the offence so as to satisfy the fundamental rights of Article 70.
the human rights chapter of the constitution and Article 6 of the European Convention on Human Rights,
when fines were imposed on Síminn.

The district court also deals with the claim
the Competition Authority that the appeal board's decision should be reconsidered
refer to a new treatment of a possible breach of the agreement between Síminn and
The Competition Authority, from 23 January 2015. The district court did not agree to that request.

The Competition Authority will thoroughly review the grounds of the district court's judgment.
and subsequently decide whether the case should be referred to the Court of Appeal.

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