Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Section 20 provides that an undertaking that intentionally or negligently violates a decision of the Market Court, or infringes Sections 5 or 7, can be required to compensate another undertaking for the harm caused. Claims for damages must be introduced before a general court within ten years from the date that the victim knew or should have known of the harm, or one year from the date of a final  …

Enforcement by ordinary courts

The FCCA may initiate proceedings following a complaint or sua sponte. The FCCA is empowered to conduct investigations in order to ensure compliance with the Act or the EU competition rules. In so doing, it may enter any business premises, storage areas, land and vehicles possessed by the undertakings concerned (Section 35). The investigating officers have the right to examine all correspondence, financial accounts, computer files and any other business documents. They also may demand on-the-spot oral explanations and take copies of the documents to be investigated. Finally, they may request police assistance. Conversely, it has been ruled that the FCCA may not bar lawyers from taking recordings of the hearings made during investigations.

Under certain conditions, and after authorization by the Market Court, the FCCA may also inspect other premises (Section 36). Cooperation with the European Commission regarding inspections is also provided by the Competition Act.

The provisions of the Competition Act relative to inspections were amended in 2019, in order to allow the FCCA to make temporary copies of data found during inspections and review them subsequently in its own premises. In addition, the new provisions of Section 37 allow the officers carrying out inspections to review and take copies of the business correspondence, accounts, data records and other documents and data that may be relevant to the supervision of compliance with the Act, irrespective of the storage medium (e.g. mobile devices such as phones and tablets).

The 2019 amendment also improves the exchange of information between the FCCA and other Finnish agencies, regardless of the applicable provisions on secrecy, except for documents and information submitted in the context of a leniency application. 

Complaints and investigations

If the FCCA considers that a competition restriction has harmful effects, the FCCA may issue a temporary injunction or obligation, and can also order the undertakings to terminate the restraint on competition, or force it to supply a product (Section 8 and 9). If an interim measure is issued, the FCCA must make a decision on the principal issue or on a proposition of a penalty payment within 60 days.

Parties may offer commitments and the FCCA can close the case by making them binding on the parties.

Proceedings before the FCCA

The Market Court imposes any eventual penalty payment, on proposal from the FCCA. It also authorizes or prohibits inspections by the FCCA.

Where an interim order has been imposed by the FCCA, the Market Court determines whether such interim relief remains in effect during the proceedings before the Market Court (Section 45(2)).

In order to enforce an order requiring undertakings to terminate infringing conduct, the Market Court may impose a periodic penalty payment (Section 46).

Proceedings before the Market Court

When the implementation of a competition restriction must be prevented as a matter of urgency, the FCCA may issue an interlocutory injunction to that effect. The FCCA may also temporarily oblige an undertaking to supply products to another undertaking on the usual terms.

Interim relief

Section 20 provides that an undertaking that intentionally or negligently violates a decision of the Market Court, or infringes Sections 5 or 7, can be required to compensate another undertaking for the harm caused. Claims for damages must be introduced before a general court within ten years from the date that the victim knew or should have known of the harm, or one year from the date of a final decision of the Market Court in the case.

Finland implemented EU Directive No 2014/104 on damages actions for competition infringements with the Antitrust Damages Act No 1077/2016, which entered in force on 26 December 2016. The Act, whose aim is to ensure full compensation for competition law infringements, will apply to cases involving infringements of both EU competition rules and Finland's Competition Act. The Act addresses issues such as the rebuttable presumption of harm caused by cartels, the presumption of infringement resulting from a final decision of a national competition authority or by an appelate court, the passing on of excessive prices, or the institution of a joint and several liability for offenders - nevertheless limited as regards SMEs and leniency beneficiaries. The Competition Act was also amended by Act No 1078/2016 for the purpose of rendering its terminology consistent with that in the directive.

Global Competition Law

247. Enforcement by ordinary courts

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Les notions juridiques connexes

247. Enforcement by ordinary courts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise