Finland 1998

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Score = 21

Governed by: Act on Competition Restrictions (480/1992) as last amended by Act No. 303/1998 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(4) implies that the Competition Act applies to anything that affects Finnish customers.
Remedies Fines 1 Article 8(1) allows for fines for violations of Articles 4-7.
Prison Sentences 0
Divestitures 1 Competition authority can order the break-up of a firm.[2]
Private Enforcement 3rd Party Initiation 1 The Article 18a 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) provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s).
3rd Party Rights in Proceedings 1 Injured 3rd parties are allowed to appeal (all whose rights, duties or benefits the decision directly affects).
Merger Notification Voluntary 0
Mandatory 3 Article 11c(1) requires notification.
Pre-merger 2 Article11c(1) 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) says that the Competition Council may ban a merger if it would strengthen a dominant position.
Restriction of Competition 1 Article 11d(1) 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 7(1)(5) prohibits using dominance to restrict market access by competition.
Abusive Acts 1 Article 7(1) prohibits abusive acts by companies in a dominant position.
Price Setting 1 Article 7(1)(3) lists unreasonable price setting as an example of a prohibited abuse.
Discriminatory Pricing 1 Article 7(1)(3) has been interpreted as applying to discriminatory pricing as well.
Resale Price Maintenance 1 Article 4 bans some forms of RPM.
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 6(1)(1) prohibits price fixing.
Tying 0
Market Division 1 Article 6(1)(2) bans market division unless necessary for economic development.
Output Restraint 1 Article 6(1)(2) bans limiting production unless necessary.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 5 prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 1 Article 6(1)(2)

References

  1. Competition Law in the EU, at 1015-1031
  2. Competition Law in the EU, pp. 379-80