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 26 creates a two-stage procedure before the Finish Competition and Consumer Authority (FCCA). Since the 2019 amendment, the FCCA must, within 23 working days of receipt of a notification that is complete, determine whether further investigation is required. If the FCCA fails to issue a decision within this one-month period, the concentration is deemed approved.
Where the FCCA indicates tha …

Proceedings before the FCCA

Where the thresholds in Section 22 are satisfied, the proposed concentration must be notified to the Finnish Competition and Consumer Authority following the acquisition of control, the announcement of a public bid, or the decision to merge or create a joint venture (Section 23). The duty to notify is incumbent on the acquiring party, or in cases of a merger or joint venture, on all parties to the concentration (Section 23(3)). The parties may not, in principle, implement the concentration before the final decision or approval. Council of State Decree No 1012/2011 of 1st September 2011 details in a notification form the information which must be submitted. Since November 2015, only electronic copies are required.

Since 1 January 2023, a new merger control notification form has entered into force. The information requirements for concentrations where the parties have no or very little horizontal overlap or vertical links were reduced. 

Merger notification

Section 26 creates a two-stage procedure before the Finish Competition and Consumer Authority (FCCA). Since the 2019 amendment, the FCCA must, within 23 working days of receipt of a notification that is complete, determine whether further investigation is required. If the FCCA fails to issue a decision within this one-month period, the concentration is deemed approved.

Where the FCCA indicates that further investigation is required, it has a further 69 working days to make a proposal to the Market Court to prohibit the concentration. This period may be extended by the Market Court to a total of 46 working days (Section 26(2)). Alternatively, if the harmful effects on competition can be avoided by including conditions, the FCCA negotiates such conditions and can order that the parties follow the conditions or be subject to a fine (Section 25 and 28). If the FCCA fails to issue any decision within the established period, the concentration is deemed approved (Section 26(2)).

Pursuant to the Act on the Market Court (No 1527/2001), competition law matters previously handled by the Competition Council, including prohibiting concentrations, are handled by the new Market Court. Within three months of receiving a proposal from the Finnish Competition and Consumer Authority regarding a proposed concentration, the Market Court must issue a decision (Section 29). In the absence of any decision from the Market Court during this period, the concentration is deemed approved.

Global Competition Law

260. Proceedings before the FCCA

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Les notions juridiques connexes

260. Proceedings before the FCCA

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