Eimskip: Data from the District Prosecutor on the competition investigation delivered

The District Prosecutor has delivered data from its investigation to the defendants who’s attorneys are now starting to review. By this delivery Eimskip has now finally received information about the main subject matter regarding alleged infringements on Article 10 of the competition law, in the investigation of the District Prosecutor.

In the Icelandic Competition Authority’s charges to the District Prosecutor‘s Office it is stated that the main subject matter of the case concerns issues in the period of 2008 to 2013:

• “The investigation covers alleged illegal concerted practices of Eimskip and Samskip, cf. Article 10 of the competition act and Article 53 of the EEA-agreement. The concerted practices are said to contain that the companies have reached mutual understanding on restricting their sources of supply and that the companies have divided up their customers by not going after large customers of each other. The purpose, or the outcome, of this was that it established and sustained a status (serenity) on the transportation market where active competition was prevented and the companies were able to increase prices to customers. Also there are implications of direct concerted practices and illegal exchange of information between the suspected companies.
• It is being investigated whether certain managers of Eimskip and Samskip have practiced encouraged or made effective the said alleged concerted practices of Eimskip and Samskip and thereby infringed Article 41.a., cf. Article 42 of the competition act.” (direct citation from the Competition Authority’s charges).

Ever since the Icelandic Competition Authority denied Eimskip’s request for access to the data of the case on 13 September 2013, almost 5 years ago, the company has requested information on the subject matter of the case. After the ruling of the Competition Appeals Committee in September 2014 the company was granted very limited access to the dawn raid claim and Competition Authority’s statements, but everything that mattered had been redacted. Eimskip has announced all information it has been given access to on the case, among other things in a detailed press release in October 2014 followed by media coverage.

The company has not received a statement of objections from the Icelandic Competition Authority which indicates that the authority has not yet concluded its investigation. The District Prosecutor has stated that the case is being processed. The company welcomes that the defendants have received data and at long last the subject matter relating to Article 10 of the competition law is presented. No one at the company has been charged.