Míla hf. v. The Competition Authority

By an appeal dated 9 August 2023, Míla hf., hereinafter referred to as the appellant, has appealed to the Appeal Board of Competition Matters the decision of the Competition Authority, dated 13 July 2023, to the effect that the merger control case of the Competition Authority concerning the acquisition of Ljósleiðarinn ehf. on the backbone network and related equipment from Sýn hf. did not concern the interests of the appellant in such a way that the appellant could obtain party status in the case and therefore had no right to inspect the documents and evidence relating to the case, which parties to an administrative proceeding are entitled to under Article 15. of the Administrative Procedure Act no. 37/1993.

The appellant requests that the decision of the Competition Authority be quashed, that the appellant be granted party status in the matter, and that they be granted access to the documents they have requested.
The Competition Authority requires that the contested decision be upheld.

The dispute in this case concerns whether the appellant is entitled to be a party to the merger case currently under consideration by the Competition Authority, which concerns the acquisition by Ljósleiðarinn ehf. of the backbone network and related equipment from Sýn hf. and thereby the right of access to the case file by reference to Article 15 of the Administrative Procedure Act.
The Competition Authority considers that the aforementioned merger case does not affect the appellant's interests in such a way that they can be granted party status in the proceedings before the Authority, even though the outcome of the case may have some impact on the competitive environment in which the appellant operates. 

The appellant, however, considers that he has a right to be a party to the proceedings, as the proposed merger could have a significant impact on his position and affect him in a way that distinguishes his position from that of others. He therefore has substantial legitimate interests in the outcome of the case and thus has the right to inspect all the case files, by reference to Article 15 of the Administrative Procedure Act.

It is the conclusion of the Competition Appeal Board that it has not been demonstrated that the merger concerning the acquisition by Ljósleiðarinn ehf. of the core network and related equipment from Sýn hf., is directly or particularly related to the appellant, or otherwise in such a way that he is entitled to be a party to the proceedings. The appellant's request to be a party to the aforementioned merger case is therefore dismissed.