Finland 2004

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Score = 19

Governed by: Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (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 7(1) allows for fines for violations of Articles 4-7.
Prison Sentences 0
Divestitures 1 Article 11(i) allows Competition Authority to dissolve concentrations that violate 11(d).
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 0
Merger Notification Voluntary 0
Mandatory 3 Article 11c(1) requires notification.
Pre-merger 2 Article 11c(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 6(2) prohibits using dominance to restrict market access by competition.
Abusive Acts 1 Article 6 implies that its list of "abusive acts" by companies in a dominant position is not exhaustive.
Price Setting 1 Article 6(1) lists unreasonable price setting as an example of a prohibited abuse.
Discriminatory Pricing 1 Article 6(3) prohibits discriminatory pricing.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(2)(1) prohibits price fixing.
Tying 1 Article 6(4) prohibits tying arrangements by a dominant firm or "an association of business undertakings of a dominant position.
Market Division 0
Output Restraint 1 Article 4(2)(2) bans limiting production.
Market Sharing 1 Article 4(2)(3) bans market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 5 allows consideration of whether an otherwise impermissible agreement under Article 4 "contributes to improving the production or distribution of goods or to promoting technical or economic progress."

References

  1. http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended