Iceland (March 27, 2007)
Score = 21
Governed by: The Competition Act, Law no. 44, May 19, 2005 (“Competition Act”) as amended March 27, 2007.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 says that the Act applies to conduct which has or is intended to have an effect on Iceland.. |
| Remedies | Fines | 1 | Articles 37-39 and 42 provide for fines. |
| Prison Sentences | 1 | Articles 41 and 42 allow for prison sentences. | |
| Divestitures | 1 | Articles 16 allows the Competition Authority to impose structural remedies for abuse of dominance and restrictive agreements. Article 17 allows for divestiture for anticompetitive mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Third parties may file formal complaints to the Competition Authority. However, the Authority is not obliged to open investigations. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 17 requires notification of a merger for large companies. | |
| Pre-merger | 2 | Article 17 requires that notification occur within a week of the conclusion of the merger or the announcement of the bid. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 17 says that the Competition Council can deem that a merger obstructs effective competition if it creates or strengthens a dominant position. |
| Restriction of Competition | 1 | Article 17 states that mergers which restrict competition are prohibited. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Article 17 requires the Competition Authority to consider the effects of international competition when deciding whether to permit a merger. | |
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 11(b) lists limiting production and markets to the prejudice of customers as an abusive act. |
| Abusive Acts | 1 | Article 11 bans abusive acts by undertakings of a dominant position. | |
| Price Setting | 1 | Article 11(a) lists price setting as an abusive act. | |
| Discriminatory Pricing | 1 | Article 11(c) lists applying dissimilar conditions to equivalent transactions as an abusive act. | |
| Resale Price Maintenance | 1 | RPM is prohibited under Articles 10 and 11 [2]. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 10(a) prohibits price fixing. |
| Tying | 1 | Articles 10(e) and 11(d) prohibit tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 10(b) prohibits limiting production. | |
| Market Sharing | 1 | Article 10(c) prohibits market sharing. | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Collusive tendering is prohibited under Article 10 [3]. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 15 exempts from Article 10 agreements that contribute to improving the production or distribution of goods and promoting economic or technological progress. |
References
- ↑ Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation
- ↑ see the Competition Authority's commentary on resale price maintenance agreements, at http://www.samkeppni.is/en/collusion/
- ↑ see the Competition Authority's website on cartel behavior, at http://www.samkeppni.is/en/collusion/