The EFTA Court clarifies the applicable legal regime for private enforcement and margin squeeze (Fjarskipti / Siminn)

Following a request for an advised opinion made by an Icelandic judge, the EFTA Court has handed down a judgement in the Fjarskipti v Siminn case [1] touching on some procedural and substantive competition law issues. The EFTA Court clarified which are the rules that in the EFTA legal system apply to damage claims arising out of competition breaches; it also determined the relevant criteria to establish that a pricing practice amounted to an abusive margin squeeze practice. The facts of the case Siminn (S) was the incumbent telecommunication operator in Iceland. In April 2012 the Iceland Competition Authority (CA) found that S abused its dominant position breaching Article 11 of the Iceland Competition Act and Article 54 of the EEA Agreement, both of which corresponded to Article

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Michele Giannino, The EFTA Court clarifies the applicable legal regime for private enforcement and margin squeeze (Fjarskipti / Siminn), 30 May 2018, e-Competitions Bulletin May 2018, Art. N° 87185

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