Já hf. fined for abuse of dominance

The Icelandic Competition Authority (ICA) has fined Já hf., a company that owns and operates the only up-to-date national telephone directory database relating to all Icelandic telephone numbers, 50 million ISK (approx. 323 thousand Euros) for abusing its dominant position in the market.

The Authority also instructed Já to give competitors equal access to Já’s database at a fair price. This is to ensure that companies who wish to provide comprehensive Directory Enquiry (DQ) services to end users can access the necessary data to do so.

In the ICA’s decision, dated November 7, 2014, it is concluded that Já is an undertaking in a dominant position in the relevant markets. Já also is in possession of an essential facility and uses itself that facility in its operation on the market. It is also concluded that Já abused its dominant position by offering unfavourable terms to competitors, without objective justification. This abuse amounts to refusing access to the database (i.e. refusing access to an essential facility). With this behaviour Já has been able to use its power in the wholesale market to protect and strengthen its position in the relevant retail markets for DQ services. In particular, by refusing to grant access to a competitor, by proposing less favourable terms to the competitor than those that its own services enjoy and thus imposing a competitive disadvantage on its potential competitors. The refusal at issue is liable to eliminate all effective competition on the markets concerned.