The Competition Authority places great emphasis on clear and good guidance, as it is in everyone's interest that as many people as possible are well-versed in competition matters. The Competition Authority's guidance and education role extends to a diverse group of stakeholders, ranging from consumers, schoolchildren, or
to company employees, to the companies themselves, their managers, and consultants
and furthermore the authorities. The guidance is aimed at supporting informed
discussion of competition matters, creating conditions for consumer and customer scrutiny,
advocate for competition at the level of government and guide businesses and
their advisers. The Competition Authority
conducts regular surveys among the public and businesses, which are used in
Shaping the guidance role of the supervisory authority. The latest surveys can be accessed here
and here.
By its nature, guidance and other educational and informational material at the Competition Authority are constantly evolving. We are always open to good ideas, and if you have one or have any questions, you can always send an email to samkeppni@samkeppni.is .
The following is taken
An overview of the various guides and educational resources available on the website.
The Competition Authority. It should be noted that the authority is working on an amendment to
the homepage which aims to make this content even more accessible.
The homepage provides a collection of accessible guides.
on some core principles of competition law. The main types of infringements are discussed and
barriers to entry, guidance on the main issues relating to businesses,
to authorities or individuals and answer common questions under each heading.
For example, guidance is provided on merger notifications under merger cases.,
merger fee and investigation of merger cases, under market dominance
dominant market position and its abuse and under unlawful collusion is
guided on the liability of individuals, how offending companies or individuals
can come forward and avoid prosecution or fines, and publishes detailed
Guidance for interest groups and on exemptions from the ban on lobbying.
Illegal collusion
Market dominance
Merger case
Market research
Competition and the public sector
On the homepage, you can also find information about definition
markets and how
Compression is measured..
The Competition Authority places great emphasis on ensuring that all
that its solutions are well-crafted, well-reasoned and in accordance with laws and regulations.
The homepage summarises the main laws and regulations concerning the activities of the Competition Authority.
as well as procedural and guidance rules which it is useful for stakeholders to have
with regard to. An overview of the rules and guidelines can be accessed. here.
All regulations concerning competition matters can also be accessed in the official gazette of Iceland.
The activities of the Competition Authority
The Competition Authority operates in accordance with Competition Act No. 44/2005.
The supervision is also entrusted with various tasks under other legislation.
laws. In this context, the following may be mentioned:
As an authority, the Competition Authority must also consider
Administrative Law No. 37/1993 and Act on access to information no. 140/2012 in its operations.
Procedural and Guidelines Rules
The Competition Authority has established detailed rules of procedure.
in order to ensure transparency and good practice. Accessible
Procedural rules of the Competition Authority here. See also rules on Market research
Competition Authority No. 490/2013.
In addition, various guidelines have been issued.
Are they intended to make it easier for businesses and public bodies to assess their competitive position?
its own, including whether their conduct is likely to harm competition. For example, it is about
to discuss the rules and guidelines on merger notification, and when it is possible to proceed
to the annulment/reduction of fines in a cartel case and when company consultation is
exempt from the prohibition of competition law. These rules and guidelines can be accessed. here,
cf. also the list below.
Rules on group exemptions
Contracts and decisions which contravene Article 10.
are automatically void under competition law and Article 1(1) of Article 53 of the EEA Agreement. According to
Subsection 3 of Article 15 of the Competition Act may
the supervisory authority, however, has set rules where certain types of contracts, which
meets the conditions of paragraph 1 of Article 15 of the Act, is exempted from the provisions of Article 10.
and Article 12 of the Act. This is called a group exemption. This is based on a similar provision.
in paragraph 3 of Article 53 of the EEA Agreement.
It is for the companies themselves to assess whether to
that their agreements meet the conditions for enjoying such a collective exemption.
An overview of the Competition Authority's homepage can be accessed. Main group exemptions which are in force.
European rules and guidelines
Icelandic competition law traces its roots to
of European competition law. For example, the provisions of Articles 10 and 11.
competition law, on illegal collusion and abuse of a dominant market position,
its models for the provisions of Articles 53 and 54 of the EEA Agreement, which has been
Enacted hereby by Act No. 2/1993.
The cooperation of competition authorities in Europe is broad. Both the Commission and the national competition authorities cooperate closely.
EFTA (ESA) and the European Commission have contributed to the establishment of guidelines.
on the application of provisions concerning competition law, to national competition authorities,
including Icelandic, must be taken into account. This is, among other things, a step towards promoting
Consistency in the application of competition rules throughout the entire EEA area.
All instructions issued by ESA are available in Icelandic. here.
It is worth drawing attention to some important guidelines from the ESA.,
which have been published in Icelandic, but they are substantially comparable to them
legal acts issued by the EC Commission:
As previously stated, the Competition Authority has also issued
Issue guidance rules. Many of them take into account comparable guidelines.
ESA, e.g. on the self-assessment of undertakings with regard to Article 15 of the Competition Act and on
the application of competition law to horizontal and vertical cooperation between companies.
The Competition Authority's guidelines supplement the ESA's guidelines.
Guidelines from the Commission
All instructions issued by
European Commission here.
On the homepage, you can find detailed instructions for
those who wish to lodge a complaint with the regulator regarding competition conditions or
the conduct of companies or government authorities. It provides guidance on the content of such matters,
How the supervisory authority assesses grounds for investigations, discussing the powers
the authority's procedure for prioritising cases and an outline of the rules on anonymity
and procedure.
Instructions on this can be found. here.
It is also possible to direct anonymous
suggestions to the monitoring via the websites and instructions provided
about it.
Competition law is based on principles that have a clear link
in the objective of Article 1 of the Competition Act, but is then counteracted in practice by the solutions
competition authorities and in the courts. For company directors, lawyers
and for other advisers, the most important guidance is contained in reasoned solutions
competition authorities and courts. Therefore, the supervision has striven to provide
easy access to decisions,
judgements
Appeals Committee for Competition Affairs, opinions and Reviews to
of the authorities, as well as reports
on a wide range of issues.
The Competition Authority has also published an overview of
Court rulings from the outset which at the same time provide direct access to the relevant
Judgments. An overview of the Ombudsman's decisions can also be found below.
An overview of Alþingi and of sentencing decisions since the beginning. An overview should be created.
For those who deal with competition matters, important access to precedents that are
Significant in the enforcement of competition law.
When there is a special reason, the Competition Authority publishes
special information and guidance pages on specific issues that are in
Focus. Here is an overview of information pages of this kind:
The publication of educational videos is in line with the will of the legislature.
to strengthen the role of the Competition Authority as an advocate for the competition law and
strong competition. Are these priorities also in line with objectives that have been set
have been presented in the financial plan for the supervisory area. On the homepage
to discuss in more detail discussion-
and educational role The Competition Authority in this regard.
Promotional videos of the Competition Authority are available. here.
The two most recent are promotional videos about competition law and competition supervision and
abuse of a dominant market position. The third video will be published shortly.
Deals with illegal collusion.
These videos have gone viral.
on social media and have become part of companies' promotional material, intended
staff and management. The supervision is also getting the videos on
school funding, because they can also be used by the general public.
The Competition Authority endeavours to be a participant in the debate
on competition matters. Thus, the authority participates in meetings and conferences and publishes
speeches
and presentations for that reason. The supervisory authority also publishes columns, presents a position
of the supervisory authority News
on the homepage and replies common
questions that arise.
The supervisory authority then holds a series of meetings under the collective title „Conversation
on competition“, where the supervisory authority communicates guidance and
presenting viewpoints to stakeholders, governments and the public, whilst also listening
from perspectives that may be useful. The following meetings and
Conferences:
1.
13 June 2022: Morning conference on competition, inflation and purchasing power.
2. 1.
June 2021: A discussion on the handling of merger cases.
3. 9.
June 2020: A multinational online conference on competition policy and protectionism in the time of COVID-19.
4. 11.
December 2019: Open discussion on new merger rules.
5. 30.
November 2019: Public discussion on draft guidelines on exemptions from
Prohibition of collusion.
6. 16.
October 2019: Meeting on procedures for merger investigations.
7. 22.-24
February 2017: Twelve promotional meetings on the assessment of competition and the reform of business regulation, with public institutions and business interest groups.
8. 25.
May 2016: A panel discussion on ownership of commercial enterprises, the role of pension funds and their impact on competition.
9. 18.
February 2016: Conference
on the application of competition rules in Iceland and the European Economic Area, where
The keynote speaker was Gjermund Mathisen, Head of Competition at the ESA.
10. 12 February 2016: A discussion on competition in agriculture.
11. 3.
December 2015: Presentation meeting
on the effects of government on competition and competition assessment, where the original speaker was
Ania Thiemann, Economist at the OECD.
Competition rules in the European Economic Area
to restrict competition authorities from issuing guidance on specific
Competition conditions in advance, e.g. with regard to the scope for cooperation
of companies or market definitions. Does European competition law generally
on the self-assessment of companies, but the dynamic participation of companies in the business life and
The efficiency of business life requires that companies bear full responsibility for their own
operation.
We limit ourselves to the material instructions of individuals.
The competition authority is not least intended to promote uniformity in its application.
EU/EEA rules. Detailed substantive and procedural guidance for supervision in
different member states would quickly jeopardise a uniform implementation, since
the European Commission or the ESA would have limited powers to intervene
such a development.
The stops are then intended to ensure that
competition rules are always applied in the context of the circumstances at any given time. By doing so
e.g. to provide substantive guidance on market definitions in advance, without it being possible
to ascertain what the market conditions will be in the future,
competition authorities would be working against the healthy development of markets and
efficiency of business life. In competition law, competition authorities therefore have a duty
to take a position on market definitions on a case-by-case basis.
These principles of European competition law
were clearly set out in amendments to section 15 of the Competition Act under the amendment Act
No. 103/2020. With that Act, the Competition Authority's provision of
an exemption from illegal collusion between companies and the adoption of a rule that is already in common practice
had been a feature of EU law since 2003, that companies assess and bear responsibility for it themselves
whether the exception conditions of Article 15 were met. After the amendment, it is
The Competition Authority is only intended to provide general guidance and to comply.
then carry out Article 15, post-implementation, by means of investigations into possible breaches.
In the bill which became Act no. 103/2020
said, among other things, about this:
„In order to achieve the goals of simplification and
To achieve efficiency, the companies themselves must bear full responsibility for the said assessment.
Thus, the changes will not result in increased efficiency for business.
If guidance from the Competition Authority is widely sought. Important
is to emphasise that the Competition Authority's guidelines shall be general
cease and after the change, the supervisory authority will not be able to issue binding
an opinion in advance on whether a specific course of action fulfils the statutory requirements
However, the Competition Authority will monitor such cooperation.
to be implemented.“
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