Finland/EU, 2004

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Score = 25

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Finnish Competition Act: Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004. [2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 7(1) of the Finnish Competition Act allows for fines for violations of Articles 4-7.
Prison Sentences 0
Divestitures 1 Article 11(i) of the Finnish Competition Act allows Competition Authority to dissolve concentrations that violate 11(d).
Private Enforcement 3rd Party Initiation 1 Under Article 18a of the Finnish Competition Act, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.
Remedies Available to 3rd Parties 1 Article 18a(1) of the Finnish Competition Act provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.[3]
3rd Party Rights in Proceedings 0
Merger Notification[4] Voluntary 0
Mandatory 3 Article 11c(1) of the Finnish Competition Act requires notification.
Pre-merger 2 Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).
Post-merger 0
Merger Assessment Dominance 1 Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.
Restriction of Competition 1 Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[5]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended
  3. Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  4. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  5. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf