Hreyfill Ltd v. The Competition Authority

By a complaint dated 14 August 2023, Hreyfill svf., hereinafter referred to as the appellant, has appealed to the Competition Appeals Board the provisional decision of the Competition Authority of 20 July 2023, which concluded that the appellant had probably infringed Article 10, cf. Articles 12 and 11 of the Competition Act No. 44/2005, by prohibiting taxi drivers in its employ from using the services of other taxi companies. 

The appellant was ordered to immediately cease the aforementioned conduct and to make the necessary amendments to the company's rules and bylaws to prohibit or prevent taxi drivers in its employ from also utilising the services of other parties. The appellant was also ordered to issue a formal notice to the taxi drivers who use the company's services, informing them of the interim decision and that they were free to also use the services of other parties should they choose to do so. The contested interim decision is valid until 31 January 2024.

The Appeal Board considered that it was doubtful whether the interim decision in question was appealable under section 9 of the Competition Act, and this issue was taken up for separate determination.
The appellant requests that the contested provisional decision of the Competition Authority be admitted to substantive proceedings by the Competition Appeals Tribunal and set aside. The Competition Authority requests that the appellant's appeal be dismissed by the Competition Appeals Tribunal.

The Competition Appeal Tribunal has ruled that the part of the decision under appeal relating to the appellant's obligation to make specified changes to its rules and constitutions should be set aside. In all other respects, the case is dismissed by the Competition Appeals Tribunal. 

The part of the appealed interim decision of the Competition Authority No. 28/2013 of 20 July 2023 relating to the appellant's obligation to make changes to its rules and statutes is set aside.
In all other respects, the appeal of the appellant, Hreyfils svf., is dismissed by the Competition Appeals Board.