Síminn hf. v. The Competition Authority

By an appeal dated 11 August 2023, Síminn hf., hereinafter referred to as the appellant, has appealed to the Competition Appeals Board, the provisional decision of the Competition Council no. 30/2023 of 28 July 2023, which found it likely that the appellant had breached the provisions of Article 11 of the Competition Act no. 44/2005, as amended, by denying Nova Ltd. wholesale access to the television channel Síminn Sport, which includes the match between F.C. København and F.C. Midtjylland. Articles of the Competition Act No. 44/2005 by denying Nova Ltd. wholesale access to the television channel Símanum Sport, which includes broadcasts of the English Premier League football. The appellant was given temporary instructions to immediately cease the aforementioned conduct and to grant competitors wholesale access to the Síminn Sport television channel, unless there were objective and justified reasons to the contrary. 

The appellant was also directed that its decisions to deny competitors in foreign markets access to and distribution of Símann Sport would be based on objective reasons and documented procedures that were accessible to at least those parties subject to the refusal, along with the Competition Authority. The contested interim decision is valid until 31 January 2024. The appellant requests that the contested provisional decision of the Competition Authority be annulled. The Competition Authority requests that the appellant's appeal be dismissed by the Competition Appeals Board. 

It is the conclusion of the Competition Appeals Board that the decision under appeal is not appealable to the Board and that the case must therefore be dismissed.