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6 Sep 2019

Gun Jumping in Merger Control: A Jurisdictional Guide FINLAND

FINLAND Niko Hukkinen (Frontia) Gun Jumping In Merger Control 167 Part 1: Merger Control and the “Standstill Obligation” Please identify the relevant merger control legislation in your jurisdiction. Please provide a link to the relevant legislation (if possible, in English) and also indicate: – (...)

1 Sep 2019

Unfair trading practices in the food supply chain

Ignacio Herrera Anchustegui, Ronny Gjendemsjø, Peter Carstensen, Johan Hedelin, Antonio Miño López • N° 3-2019

This On-Topic issue is dedicated to the regulation of unfair trading practices in the food supply chain and brings along selected contributions on different aspects on this highly debated and timely topic. These articles show the complexity in finding a good balance between different policy (...)

14 mars 2019

Continuité économique : La Cour de justice de l’Union européenne étend l’application de la notion d’entreprise et du principe de continuité économique aux actions privées en réparation (Vantaan kaupunki / Skanska Industrial Solutions)

Alain Ronzano • N° 2-2019

Estimant que la détermination des personnes tenues à la réparation du dommage concurrentiel dans le cadre d’actions privées relève du droit de l’Union et non du droit national, la Cour de justice de l’Union étend l’application de la notion d’entreprise et, partant, du principe de continuité économique (...)

14 mars 2019

Continuité économique : La Cour de justice de l’Union européenne étend aux actions en dommages et intérêts l’application du principe de la continuité économique et, ce faisant, sa définition fonctionnelle de l’entreprise (Vantaan kaupunki)

Etienne Thomas • N° 2-2019 • pp. 68-69

À l’origine d’un contentieux abondant, le principe de continuité économique permet, en substance, d’imputer une infraction à une société n’en ayant commis aucun acte matériel, mais détenant les actifs en lien avec l’infraction (voy., pour une synthèse de la jurisprudence sur ce point, Trib. UE, 6 décembre (...)

5 Mar 2019

The Finnish Competition Authority suspects several taxi dispatch centres of illegal restrictions on competition

Finnish Competition Authority • March 2019

FCCA suspects several taxi dispatch centres of illegal restrictions on competition* Investigations by the Finnish Competition and Consumer Authority (FCCA) have found that dispatch centres may have acted in breach of the Competition Act by discriminating in the dispatch of Kela-reimbursed (...)

14 Feb 2019

The Finnish Competition Authority issues a report on competition in data economy

Finnish Competition Authority • February 2019

FCCA: Competition and consumer protection are fundamental to data economy* With the market for digital products and services is growing, the functionality of competition and consumer protection are important considerations. A report by the Finnish Competition and Consumer Authority (FCCA), (...)

6 févr. 2019

Continuité économique : L’avocat général Wahl invite la Cour de justice de l’Union européenne à appliquer le principe de continuité économique dans les actions privées en réparation (Vantaan kaupunki / Skanska Industrial Solutions, NCC Industry, Asfaltmix)

Alain Ronzano • N° 2-2019

Estimant que la détermination des personnes tenues à la réparation du dommage concurrentiel dans le cadre d’actions privées relève du droit de l’Union et non du droit national, l’avocat général Wahl invite la Cour à appliquer le principe de continuité économique de sorte que puisse être engagée la (...)

17 Jan 2019

The Finnish Competition Authority clears a merger subject to remedies in the market for outsourced internal logistics services (Suomen Transval Group / Posti Group)

Finnish Competition Authority • January 2019

The FCCA approves Posti’s acquisition of Transval, subject to conditions* Finnish Competition and Consumer Authority (FCCA) has approved, subject to conditions, the acquisition of Suomen Transval Group Oy by Posti Group Oyj. A condition for the approval of the acquisition was that Posti (...)

22 oct. 2018

Contrôle exclusif : La Commission publie la décision autorisant, sans condition, un groupe français à prendre le contrôle exclusif d’une société finlandaise dans le secteur du transport maritime (CMA CGM / Container Finance)

Alain Ronzano • N° 1-2019

Le 10 avril 2019, la Commission européenne a rendu publique la décision du 22 octobre 2018, à la faveur de laquelle elle a autorisé l’acquisition de la société finlandaise Container Finance par le groupe français CMA CGM. Container Finance est une holding qui contrôle Containerships, société (...)

1 Mar 2018

The Finnish Competition Authority issues its report on health service marketing

Finnish Competition Authority • March 2018

FCCA report: Health service marketing promotes competition and customers’ freedom of choice* The FCCA has been studying how health service marketing is currently regulated and what kinds of challenges the health and social services reform is setting for health service marketing. Health service (...)

1 Mar 2018

The EU Court of Justice holds that when public entity makes no selection between the admissible tenderers it does not constitute public contract (Tirkkonen)

Albert Sánchez Graells • March 2018

THE END OF PROCUREMENT AS WE KNEW IT? CJEU CONSOLIDATES FALK PHARMA APPROACH TO DEFINITION OF PROCUREMENT IN TIRKKONEN (C-9/17)* In its Judgment of 1 March 2018 in Tirkkonen, C-9/17, EU:C:2018:142, the Court of Justice of the European Union (CJEU) had to assess whether a scheme with the (...)

15 Dec 2017

The Finnish Competition Authority clears a merger subject to remedies on the retail and purchasing markets of the grocery sector (SOK / Stockmann Delicatessen)

Finnish Competition Authority • December 2017

FCCA approves the acquisition between SOK and Stockmann Delicatessen subject to conditions* Today, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition of Stockmann Group’s Delicatessen business by Suomen Osuuskauppojen Keskuskunta, SOK (The Central Finnish Cooperative (...)

14 Dec 2017

The Finnish Market Court fines several coach companies for cartel (Finnish Bus and Coach Association / Matkahuolto)

Finnish Competition Authority • December 2017

The Market Court imposed penalty payments on several coach companies, the Finnish Bus and Coach Association and Matkahuolto* In its decision issued on 14 December 2017, the Market Court considered that the coach companies*), Finnish Bus and Coach Association and Matkahuolto have been guilty of (...)

5 Dec 2017

The Finnish Competition Authority clears a merger subject to remedies in the hotel accommodation market (Scandic / Restel)

Finnish Competition Authority • December 2017

The FCCA approves Scandic’s acquisition of Restel, with conditions* Today, the FCCA has approved the acquisition of Restel Hotellit Oy by Scandic Hotels Oy, with conditions. As a condition for the approval of the sale, the FCCA obliged Scandic to sell one hotel in Pori, Lahti and Kuopio to its (...)

1 Nov 2017

Competition Law in Finland, Sari HILTUNEN

Stéphane Rodrigues • N° 4-2017 • p. 229

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

31 Oct 2017

Buyer Power in EU Competition Law Chapter 8. Exploitative Buyer Power: Unfair Purchasing Practices

Ignacio Herrera Anchustegui

I. Herrera Anchustegui — Buyer Power in EU Competition Law 3878 EXPLOITATIVE BUYER POWER: UNFAIR PURCHASING PRACTICES* I. Introduction A powerful buyer, alone o r i n agreement with other buyers, may exploit its buyer power vis-à-vis its supplier(s) by imposing ‘unfair’ trading conditions, (...)

29 Dec 2016

The Finnish Supreme Administrative Court upholds the decision by Finnish Market Court, Finnish Competition Authority, and fines a milk producer for predatory pricing in the national fresh milk markets (Valio)

European Competition Network Brief • December 2016

The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act* The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act and ordered a penalty payment of EUR 70 million. In 2012, the FCCA deemed Valio guilty of (...)

25 May 2016

The Finnish Competition Authority inspects bus and coach operators suspected of collusion

Finnish Competition Authority • May 2016

FCCA has inspected bus and coach operators in Southwest Finland* The purpose of the inspections was to find out whether the operators were guilty of unlawful collaboration between competitors. The Finnish Competition and Consumer Authority has a right to carry out inspections under the (...)

11 Apr 2016

The Finnish Competition Authority clears a merger subject to remedies on the food retail market (Kesko Food / Suomen Lähikauppa)

Finnish Competition Authority • April 2016

FCCA to approve a merger between Kesko Food and Suomen Lähikauppa, subject to conditions* The Finnish Competition and Consumer Authority (FCCA) has approved Kesko Food Ltd’s acquisition of Suomen Lähikauppa Oy, subject to certain conditions. The conditions imposed by the FCCA are an obligation to (...)

30 Mar 2016

The Finnish Market Court rejects the penalty proposed by the Competition Authority concerning power line matter (Empower)

Finnish Competition Authority • March 2016

Market Court rejects FCCA’s penalty proposal concerning power line matter* The Finnish Competition and Consumer Authority (FCCA) had proposed that the Market Court impose a EUR 35 million penalty on Eltel Networks Oy and Eltel Group Oy for unlawful collaboration between competitors in power (...)

29 Feb 2016

The Finnish Market Court fines a professional association for implementing unlawful price recommendations (Finnish Bakery Federation)

Finnish Competition Authority • February 2016

Market Court imposes fines on the Finnish Bakery Federation for forbidden price recommendations* The Market Court has imposed a EUR 15,000 penalty to the Finnish Bakery Federation’s unlawful price recommendations in 2007–2011. The Market Court’s decision is in line with the penalty proposal made (...)

25 Jan 2016

The Finnish Competition Authority seeks to fine several major bus companies guilty of forming a cartel (Matkahuolto)

Finnish Competition Authority • January 2016

FCCA proposes EUR 38 million penalty for a cartel involving 7 coach companies, the Finnish Bus and Coach Association and Matkahuolto* The Finnish Competition and Consumer Authority (FCCA) has today presented the Market Court with a proposal for a EUR 38 million penalty concerning seven* of the (...)

3 Dec 2015

The Finnish Competition Authority ends its investigation into a suspected abuse of dominance in the rail freight transport market (VR-Group)

Finnish Competition Authority • December 2015

FCCA halts investigation into VR Group’s domestic freight transport* The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation. In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning VR-Group (...)

29 Sep 2015

The Finnish Competition Authority closes an investigation concerning a suspected abuse of dominance on the insulation board market (Finnfoam Oy)

Finnish Competition Authority • September 2015

FCCA closes investigation of abuse of dominant market position on the insulation board market* In a decision issued on 29 September 2015, the Finnish Competition and Consumer Authority (FCCA) closed an investigation concerning a potential case of abuse of a dominant market position by Finnfoam (...)

24 Sep 2015

The Finnish Competition Authority clears a merger on the publishing market (Bonnier / Stockmann)

Finnish Competition Authority • September 2015

FCCA approves acquisition of Academic Bookstore by Bonnier* On 24 September 2015, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby Bonnier Books Retail Finland Ltd, part of the Bonnier Media Group, will acquire the businesses of Academic Bookstore from (...)

24 Sep 2015

The Finnish Competition and Consumer Authority approves an acquisition of a chain of bookstores by a large media group (Academic Bookstore / Bonnier)

Satu-Anneli Kauranen • September 2015

On 24 September 2015, the Finnish Competition and Consumer Authority (FCCA) issued a decision approving Bonnier Books Retail Finland Ltd.’s acquisition of Academic Bookstore’s business operations owned by Stockmann Oyj Abp. Bonnier Books Retail Finland Ltd is part of the Bonnier Media Group, (...)

24 Sep 2015

The Finnish Competition and Consumer Authority clears a merger in the publishing and book retail market (Bonnier / Stockmann)

Katri Havu • September 2015

The Finnish Competition and Consumer Authority (FCCA) has cleared a merger where Bonnier Books Retail Finland, part of the Bonnier group, is acquiring the business operations of Academic Bookstore from department store operator Stockmann. Bonnier is a major publishing house which is also (...)

25 Aug 2015

The Finnish Ministry of Employment and the Economy sets up a working group to assess the need to revise the Competition Act

Satu-Anneli Kauranen • August 2015

The Finnish Ministry of Employment and the Economy (“FMEE”) has issued a decision to set up a working group to assess the need to partially revise the Competition Act (948/2010) . The FMEE’s decision was issued on 25 August 2015. The working group will be chaired by Mr. Pekka Timonen, the head of (...)

16 Jul 2015

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)

Finnish Competition Authority • July 2015

The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

7 May 2015

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce

Katri Havu • May 2015

The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

23 Apr 2015

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)

Satu-Anneli Kauranen • April 2015

On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

8 Apr 2015

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)

Finnish Competition Authority • April 2015

The Finnish Competition and Consumer Authority (FCCA) gives conditional acceptance of acquisition of Anvia by Elisa* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

6 Feb 2015

The Finnish Consumer and Competition Authority lifts the remedy conditions originally attached to a reported merger (TV 4 / C More Group)

Matti J. Huhtamäki • February 2015

Letting the Notifying Party Off the Hook* The Amendment of Remedy Conditions under Finnish Merger Control Law Post-Approval On February 6, 2015 the Finnish Consumer and Competition Authority (the ”FCCA”) published its approval of MTV Oy’s (“MTV”) application to lift the remedy conditions (...)

5 Feb 2015

The Finnish Competition and Consumer Authority removes commitments imposed on broadcasting companies in the context of the acquisition of a pay-TV broadcaster (TV4/MTV)

Ami Paanajarvi • February 2015

On 27 November 2008, the Finnish Competition Authority (since then the Finnish Competition and Consumer Authority, "FCCA"), conditionally approved the acquisition of pay-TV broadcaster C More Group Ab ("C More") by TV4 Ab (“TV4”). The acquisition combined the broadcasting operations of MTV Oy (...)

13 Jan 2015

The Finnish Supreme Administrative Court rules that deciding on recovery of unlawful State aid was required by the Commission decision regarding that aid and EU law even though the recipient of the aid was in restructuring proceedings (Osuuskunta Karjaportti)

Katri Havu • January 2015

The Finnish Supreme Administrative Court has decided on a complaint concerning the legality of decisions by a Finnish city (the city of Mikkeli) and, later, the Administrative Court of Kuopio . The decisions related to recovery of state aid which had been declared unlawful by the European (...)

16 Dec 2014

The Finnish Competition and Consumer Authority intervenes in the municipal waste management company’s competition compromising practice (Pirkanmaan Jätehuolto)

Satu-Anneli Kauranen • December 2014

The Finnish Competition and Consumer Authority (FCCA) issued a decision on 16th December 2014 concerning abuse of dominant position and competition neutrality. It is noteworthy that this is only the second time that the FCCA has issued a decision concerning competition neutrality. Pirkanmaan (...)

15 Dec 2014

The Finnish Competition and Consumer Authority intervenes to stop competition-jeopardising pricing practices of a municipal waste management company and decides not to investigate the matter further after pricing changes (Pirkanmaan Jätehuolto Oy)

Katri Havu • December 2014

The Finnish Competition and Consumer Authority has issued a decision not to investigate a case further after exploring the possibility of requiring a municipal cooperative waste management company, Pirkanmaan Jätehuolto Oy, (PJ) to change its pricing policy as to its treatment of public (and (...)

31 Oct 2014

The Finnish Competition and Consumer Authority proposes to fine a power line builder for participating in a cartel (Eltel and Empower)

Finnish Competition Authority • October 2014

The FCCA proposes a EUR 35 million fine on power line builder Eltel for participating in a cartel* The Finnish Competition and Consumer Authority (FCCA) today submitted a proposal to the Market Court to impose a fine of EUR 35 million on Eltel Networks Oy and Eltel Group Oy (hereinafter (...)

21 Oct 2014

The Finnish Competition and Consumer Authority clears, subject to remedies, an acquisition in the chicken feed market (DAVA Foods / Muna Foods)

Finnish Competition Authority • October 2014

The Finnish Competition and Consumer Authority approved egg business acquisition subject to conditions* On 21 October 2014, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby DAVA Foods Holding A/S, a Danish company, acquires control of the Finnish company (...)

25 Sep 2014

The Finnish Supreme Administrative Court rules on the admissibility of a competitor’s complaint against a decision about universal service provider status on postal markets (Oy Matkahuolto Ab)

Katri Havu • September 2014

The Finnish Supreme Administrative Court has made a decision regarding the admissibility of a competitor’s complaint made on the basis of designation of universal service provider status. The Finnish Communications Regulatory Authority had made a decision designating major national postal (...)

8 Jul 2014

The Finnish Competition and Consumer Authority approves acquisition of provider of vehicle financing and administration services by a domestic leasing company (Axus Finland / Easy KM)

Finnish Competition Authority • July 2014

FCCA approves acquisition of Easy KM by ALD Automotive* On 8 July 2014, the Finnish Competition and Consumer Authority (FCCA) approved a transaction in which Axus Finland Oy, a subsidiary of the French company ALD Automotive, acquired the entire issued share capital of Easy KM Oy from Governia (...)

30 Jun 2014

The Finnish Competition and Consumer Authority issues report on collective management organisations and the promotion of healthy competition on the copyrighted works market (Teosto / Gramex / Kopiosto / Tuotos)

Finnish Competition Authority • June 2014

Finnish Competition and Consumer Authority: Numerous problems on the copyright market* The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)

26 Jun 2014

The Finnish Market Court rejects the appeal and imposes the fines proposed by the FCCA for abuse of dominant position in the production and wholesale market of fresh milk (Valio)

Finnish Competition Authority • June 2014

FCCA satisfied with Market Court ruling on Valio By a decision issued on 26 June, the Market Court rejected Valio’s appeal and imposed on the company a €70m fine proposed by the Finnish Competition and Consumer Authority (FCCA) for abuse of dominant position in the production and wholesale (...)

28 May 2014

The Finnish Competition Authority and the Ministry of Employment and the Economy examine a report on the desirability of introducing criminal sanctions for cartel activities

Finnish Competition Authority • May 2014

Report on the Criminalisation of Cartels was Presented to Stakeholders* Yesterday, the Ministry of Employment and the Economy (MEE) and the Finnish Competition and Consumer Authority (FCCA) organised at the House of the Estates an expert seminar presenting the report on extending personal (...)

13 May 2014

The Finnish Competition and Consumer Authority approves proposed acquisition in the consulting service business (Ramboll / Pöyry)

Finnish Competition Authority • May 2014

FCCA approves Ramboll and Pöyry corporate deal* The Finnish Competition and Consumer Authority (FCAA) on 13 May 2014 gave its approval to a corporate deal in which the planning and consulting company Ramboll Finland acquires some of the activities of Pöyry Oyj. The corporate deal applies to the (...)

14 Apr 2014

The Finnish Competition Authority proposes a reform of taxi legislation in order to increase consumer choice and improve competition

Finnish Competition Authority • April 2014

FCAA: More competition in taxi services through legislative reform* The Finnish Competition and Consumer Authority (FCCA) has made an initiative to the Ministry of Transport and Communications for reform in taxi legislation. To increase competition and consumer choice, the setting of maximum (...)

31 Mar 2014

The Helsinki District Court dismisses a damages action on concerted practices in spare car parts wholesale (Atoy v. Arwidson, HL Group, Koivunen, Kaha and Örum)

Katri Havu • March 2014

The Helsinki District Court dismissed a damages action claiming losses allegedly caused by concerted practice between spare car part wholesalers. The court found that the claimant had failed to show a causal link between competition-infringing practice by the five defendants and damage which (...)

28 Mar 2014

The Helsinki District Court dismisses several damages actions against wood industry actors due to prescription (Laatikkala Oy, Metsäliitto Osuuskunta Stora Enso Oyj, and UPM-Kymmene)

Katri Havu • March 2014

The Helsinki District Court has decided to dismiss several damages actions against raw wood market buyer side competition restriction participants. Approximately 650 damages actions against major wood industry actors have been pending before the Helsinki District Court, which has opted for (...)

24 Feb 2014

The Finnish Competition Authority approves conditionally a merger on the market for fitness centres (Elixia / SATS)

Finnish Competition Authority • February 2014

The Finnish Competition and Consumer Authority approved the merger between Elixia and SATS subject to conditions* On 24 February 2014, the Finnish Competition and Consumer Authority (FCCA) conditionnally approved a deal, in which Altor Fund III and TryghedsGruppen smba acquired joint control (...)

21 Jan 2014

The Finnish Competition Authority approves merger between two significant players in the national meat sector (Atria / Saarioinen)

Finnish Competition Authority • January 2014

Corporate deal by Atria and Saarioinen approved by Finnish Competition and Consumer Authority* According to the assessment by the FCCA the acquisition does not have the kind of significant negative impact on competition as defined by the Competition Act On 21 January 2014 the Finnish (...)

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