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 14 et seq. provide for a leniency program regarding cartels, including those containing hardcore restrictions.
 Immunity may be granted when an undertaking produces information or evidence, on the grounds of which the FCCA may conduct an inspection, or when following an inspection, delivers information or evidence, on the grounds of which it can establish the infringement to rules regardi …

Leniency

Pursuant to Section 9 of the Competition Act, where a restriction on competition comes within the prohibition set out at Sections 5 or 7, the FCCA may prohibit the application of the agreement or corresponding practice, order an undertaking to terminate the conduct in question and if appropriate oblige the offending undertaking to deliver the product to another undertaking on terms equal to those offered other undertakings. The Market Court can impose a penalty payment to ensure the application of such measures.

Cease and desist orders

  Fines are imposed by the Market Court, upon proposal from the FCCA. Infringement of the prohibition on restrictive agreements or abuse of dominance is punishable by a fine, which cannot exceed 10 per cent of the turnover of the undertaking concerned during the year in which the undertaking was last involved in the infringement. Where the infringing practice is deemed to be of minor importance, or imposition of a fine is not justified, no fine need be imposed (Section 12(1)).

In order to secure the application of an injunction or the supply of information or documents, the Act provides for the imposition of conditional fines decided by the Market Court. Proceedings concerning conditional fines are covered by the Finnish Act on Conditional Fines (1113/1990) (Section 46 (3)).

Fines

 Section 14 et seq. provide for a leniency program regarding cartels, including those containing hardcore restrictions.

 Immunity may be granted when an undertaking produces information or evidence, on the grounds of which the FCCA may conduct an inspection, or when following an inspection, delivers information or evidence, on the grounds of which it can establish the infringement to rules regarding the prohibition of cartels.

 Reduction of the fine is possible when the undertaking submits evidence of significant value, and prior to the FCCA receiving the information from other sources. The fine may be reduced in the following way: 30-50% for the first to submit the information, 20-30% for the second, and up to 20% in other cases.

 In any case, conditions for the benefit of the leniency program are very strict: the applicant must cease its participation immediately, fully cooperate with the FCCA, not destroy the evidence, before or after the submission, and keep documents and its participation to the program confidential. Moreover, it is not possible to obtain leniency when the undertaking has exerted pressure on another to participate in a cartel.

 In cases other than cartels, the FCCA may also grant a reduction of the fine and the Market Court may impose a lower penalty if the undertaking has significantly assisted the FCCA during the investigation.

On December 2016, the FCCA published revised leniency guidelines in order to take account of the Antitrust Damages Act No 1077/2016 and the amendments to the Competition Act brought by Act No 1078/2016, which both entered into force on 26 December 2016. In accordance with those Acts, the guidelines specify that a court cannot use information contained in a leniency statement given to the Commission or a competition authority of a EU Member State as evidence in a court case. However, unlike EU Directive 2014/104, the Competition and Consumer Authority deems that the leniency statement is only confidential as long as no written decision referred to in Section 17(3) of the Competition Act has been issued. The Authority even states that it could allow the use of such information before a decision is reached if it considers that revealing the existence of the application or its contents in damage claims proceedings does not endanger the investigation of suspected antitrust offenses.

In 2022, the FCCA published “Guidelines on immunity from and reduction of penalty payments in cartel cases”. The guidelines have been updated to correspond to the amendments made to the leniency sections of the Competition Act in connection with the implementation of the ECN+ Directive. 

  The submission of false information or notification to the FCCA, the Market Court or the Provincial State offices is punished by a fine or imprisonment as prescribed by Chapter 16, Section 8 of the Penal Code. A violation of business secret confidentiality is punished in accordance with the Finnish Criminal Act.

Global Competition Law

250. Leniency

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Les notions juridiques connexes

250. Leniency

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