The Finnish Supreme Administrative Court rules that conditions on merger clearance must be implemented notwithstanding an appeal (Fortum Power and Heat/E.ON Finland)

The Finnish Market Court is awaited to hand down its decision regarding the appeal lodged by Fortum Power and Heat Oy (hereinafter “Fortum”), a subsidiary of Fortum Oyj, against the conditions imposed by the Finnish Competition Authority (hereinafter the “FCA”) on the clearance of the acquisition by Fortum of E.ON Finland Oy (hereinafter “E.ON”) in June 2006. The Market Court's decision is preceded by a very interesting process concerning the enforceability of the conditions imposed by the FCA pending an appeal concerning the same conditions. In June 2006, the FCA cleared Fortum's acquisition of E.ON subject to certain structural and behavioral conditions that were considered necessary, inter alia, because even though Fortum's market position would only have strengthened marginally as a

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Sari Rasinkangas, Niko Hukkinen, The Finnish Supreme Administrative Court rules that conditions on merger clearance must be implemented notwithstanding an appeal (Fortum Power and Heat/E.ON Finland), 20 October 2006, e-Competitions Bulletin October 2006, Art. N° 15168

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