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Gun Jumping in Merger Control. A Jurisdictional Guide, Catriona HATTON, Yves COMTOIS and Andrea HAMILTON (dir.), foreword by Richard WHISHThis 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 (...)
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Gun Jumping in Merger Control: A Jurisdictional Guide FINLANDFINLAND 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: – (...)
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Unfair trading practices in the food supply chainThis 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 (...)
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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)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 (...)
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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)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 (...)
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The Finnish Competition Authority suspects several taxi dispatch centres of illegal restrictions on competitionFCCA 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 (...)
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The Finnish Competition Authority issues a report on competition in data economyFCCA: 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), (...)
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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)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 (...)
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The Finnish Competition Authority clears a merger subject to remedies in the market for outsourced internal logistics services (Suomen Transval Group / Posti Group)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 (...)
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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)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 (...)
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The Finnish Competition Authority issues its report on health service marketingFCCA 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 (...)
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The EU Court of Justice holds that when public entity makes no selection between the admissible tenderers it does not constitute public contract (Tirkkonen)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 (...)
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The Finnish Competition Authority clears a merger subject to remedies on the retail and purchasing markets of the grocery sector (SOK / Stockmann Delicatessen)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 (...)
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The Finnish Market Court fines several coach companies for cartel (Finnish Bus and Coach Association / Matkahuolto)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 (...)
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The Finnish Competition Authority clears a merger subject to remedies in the hotel accommodation market (Scandic / Restel)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 (...)
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Competition Law in Finland, Sari HILTUNENThis 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 (...)
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Buyer Power in EU Competition Law Chapter 8. Exploitative Buyer Power: Unfair Purchasing PracticesI. 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, (...)
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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)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 (...)
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The Finnish Competition Authority inspects bus and coach operators suspected of collusionFCCA 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 (...)
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The Finnish Competition Authority clears a merger subject to remedies on the food retail market (Kesko Food / Suomen Lähikauppa)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 (...)
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The Finnish Market Court rejects the penalty proposed by the Competition Authority concerning power line matter (Empower)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 (...)
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The Finnish Market Court fines a professional association for implementing unlawful price recommendations (Finnish Bakery Federation)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 (...)
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The Finnish Competition Authority seeks to fine several major bus companies guilty of forming a cartel (Matkahuolto)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 (...)
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The Finnish Competition Authority ends its investigation into a suspected abuse of dominance in the rail freight transport market (VR-Group)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 (...)
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The Finnish Competition Authority closes an investigation concerning a suspected abuse of dominance on the insulation board market (Finnfoam Oy)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 (...)
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The Finnish Competition Authority clears a merger on the publishing market (Bonnier / Stockmann)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 (...)
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The Finnish Competition and Consumer Authority approves an acquisition of a chain of bookstores by a large media group (Academic Bookstore / Bonnier)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, (...)
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The Finnish Competition and Consumer Authority clears a merger in the publishing and book retail market (Bonnier / Stockmann)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 (...)
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The Finnish Ministry of Employment and the Economy sets up a working group to assess the need to revise the Competition ActThe 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 (...)
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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)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 (...)
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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 commerceThe 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 (...)
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The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)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 (...)
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The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)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 (...)
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The Finnish Consumer and Competition Authority lifts the remedy conditions originally attached to a reported merger (TV 4 / C More Group)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 (...)
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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)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 (...)
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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)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 (...)
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The Finnish Competition and Consumer Authority intervenes in the municipal waste management company’s competition compromising practice (Pirkanmaan Jätehuolto)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 (...)
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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)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 (...)
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The Finnish Competition and Consumer Authority proposes to fine a power line builder for participating in a cartel (Eltel and Empower)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 (...)
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The Finnish Competition and Consumer Authority clears, subject to remedies, an acquisition in the chicken feed market (DAVA Foods / Muna Foods)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 (...)
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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)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 (...)
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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)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 (...)
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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 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 (...)
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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)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 (...)
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The Finnish Competition Authority and the Ministry of Employment and the Economy examine a report on the desirability of introducing criminal sanctions for cartel activitiesReport 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 (...)
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The Finnish Competition and Consumer Authority approves proposed acquisition in the consulting service business (Ramboll / Pöyry)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 (...)
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The Finnish Competition Authority proposes a reform of taxi legislation in order to increase consumer choice and improve competitionFCAA: 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 (...)
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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)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 (...)
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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)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 (...)
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The Finnish Competition Authority approves conditionally a merger on the market for fitness centres (Elixia / SATS)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 (...)
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