Lyfjaval ehf. v. The Competition Authority

This case concerns the merger notification of the appellant in connection with the transaction between the appellant and Faxa ehf., which controls Lyfja og heilsa hf., pursuant to a purchase agreement dated. 26 April 2022, and an alleged discrepancy by the merging parties in the description of the contents of the purchase agreement. The contested decision of the Competition Council of 2 March 2023 to discontinue its merger investigation, which was originally based on the appellant's merger notification of 26 April 2022, and the alleged discrepancy by the merging parties in their description of the contents of the purchase agreement. 5 August 2022, was not in accordance with the provisions of the Competition Act No. 44/2005 and is therefore annulled. The decision of the Competition Council of 2 March 2023 to discontinue its merger investigation is set aside. The decision of the Competition Authority of 2 March 2023 to discontinue its merger investigation, which was originally based on the merger notification submitted by the appellant on 5 August 2022, was not in accordance with the provisions of the Competition Act No. 44/2005 and is therefore set aside. The Competition Authority is ordered to complete the merger investigation in accordance with the provisions of the Competition Act.