The Appeals Committee rejects the demand of Síminn hf. regarding changes to the agreement between the Competition Authority and Fjarskipti hf.
Last October the Competition Authority permitted Fjarskipti hf. (Vodafone) to acquire the operation of 365 miðlar hf. (365) along with some assets. The merger was subjected by conditions that the Competition Authority and the merging parties had agreed upon. Amongst the conditions that Vodafone agreed to undergo was to allow new and smaller competitors a temporary wholesale access to important TV channels and access to the Vodafone distribution system for TV. Further information on the grounds for the decision and the conditions imposed can be found in decision no. 42/2017.
On november 3rd 2017 Síminn hf. sent a complaint to The Appeals Committee regarding the ICA decision and demanded that changes would be made to the conditions. More specifically did Síminn demand that the definition of new and smaller competitiors would be changed so the conditions of sharing Vodafones wholesale access to TV channels would also include Síminn. Síminn also stated that the ICA had violated their right to be heard and the rule of investigation when investigating the case.
With its ruling no 6/2017, Síminn hf. Vs. the Competition Authority, the Appeals Committee declined Siminn's request to have changes made to the conditions in the decision of the Competition Authority. The Appeals Committee concluded that the conditions imposed with the decision were based on an objective basis and that they could prevent the adverse effect on the telecommunications and media market the merger could have otherwise had. It was also the conclusion of the Appeals Committee that the ICA procedure in the case was in accordance with the requirements of the Administrative Procedures Act