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Competition

Competition: ESA intervenes before Landsréttur in Byko ehf/ Norvík hf. case

20.9.2018

PR(18)23 

EN | IS

The EFTA Surveillance Authority (ESA) has today submitted written observations to the Icelandic appeals court, Landsréttur. The case concerns a decision taken by the Icelandic Competition Authority (ICA) in May 2015, in which it fined Norvík hf. 650 million ISK for infringing (by way of its subsidiary Byko ehf.) both EEA and Icelandic competition rules.

Landsrettur

ESA previously intervened before the district court of Reykjavik in 2016 . The case has now been appealed to Landsréttur and ESA therefore submits its observations again and intervenes as a friend of the court.

The Byko/Norvík case raises important questions regarding the correct application and interpretation of EEA law. The observations submitted by ESA to Landsréttur concern the circumstances in which the EEA competition rules apply (i.e. when trade may be affected in the European economic area) and the importance of the appropriate level and deterrent effect of fines in competition cases. National competition authorities and national courts are under an obligation to apply the EEA competition rules in cases where the facts fall under the scope of EEA law, and to ensure that the rules are applied effectively.

Pursuant to the Surveillance and Court Agreement, ESA may, acting on its own initiative, submit written observations (“amicus curiae” observations) to courts of the EFTA States when the coherent application of EEA competition rules is at stake. ESA respects the independence of the Courts. The observations are not binding on the national courts, but advice offered to the courts on the interpretation and application of the EEA competition rules.

Fact sheet regarding ESA's intervention 

For further information, please contact:

Ms. Ásta Sigrún Magnúsdóttir
Communications officer
tel. +32 2 286 18 78
mob. +32 490 57 63 59





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