Finland 2004: Difference between revisions

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'''Score = '''
'''Score = 19'''


''Governed by:'' Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004  (hereinafter referred to as “Competition Act”).  
''Governed by:'' Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004  (hereinafter referred to as “Competition Act”).  
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| Fines
| Fines
| 1
| 1
| Article 8(1) allows for fines for violations of Articles 4-7.
| Article 7(1) allows for fines for violations of Articles 4-7.


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Competition authority can order the break-up of a firm.<ref>''Competition Law in the EU'', pp. 379-80</ref>
| Article 11(i) allows Competition Authority to dissolve concentrations that violate 11(d).  


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 0
| Injured 3rd parties are allowed to appeal (all whose rights, duties or benefits the decision directly affects).
|  


|- class="categorydivision"
|- class="categorydivision"
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| Pre-merger
| Pre-merger
| 2
| 2
| Article11c(1) requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).
| Article 11c(1) requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).
|-
|-
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| Limits Access
| Limits Access
| 1
| 1
| Article 7(1)(5) prohibits using dominance to restrict market access by competition.
| Article 6(2) prohibits using dominance to restrict market access by competition.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 7(1) prohibits abusive acts by companies in a dominant position.
| Article 6 implies that its list of "abusive acts" by companies in a dominant position is not exhaustive.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 7(1)(3) lists unreasonable price setting as an example of a prohibited abuse.
| Article 6(1) lists unreasonable price setting as an example of a prohibited abuse.


|-
|-
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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Article 7(1)(3) has been interpreted as applying to discriminatory pricing as well.
| Article 6(3) prohibits discriminatory pricing.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 0
| Article 4 bans some forms of RPM.
|  
|-
|-
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| Price Fixing
| Price Fixing
| 1
| 1
| Article 6(1)(1) prohibits price fixing.
| Article 4(2)(1) prohibits price fixing.
|-
|-
|  
|  
| Tying
| Tying
| 0
| 1
|  
| Article 6(4) prohibits tying arrangements by a dominant firm or "an association of business undertakings of a dominant position.
|-
|-
|  
|  
| Market Division
| Market Division
| 1
| 0
| Article 6(1)(2) bans market division unless necessary for economic development.
|  
|-
|-
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| Output Restraint
| Output Restraint
| 1
| 1
| Article 6(1)(2) bans limiting production unless necessary.
| Article 4(2)(2) bans limiting production.
|-
|-
|  
|  
| Market Sharing
| Market Sharing
| 0
| 1
|  
| Article 4(2)(3) bans market sharing.
|-
|-
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|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 0
| Article 5 prohibits collusive tendering.
|  
 
|-
|-
|  
|  
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 6(1)(2)
| Article 5 allows consideration of whether an otherwise impermissible agreement under Article 4 "contributes to improving the production or distribution of goods or to promoting technical or economic progress."
|}
|}

Latest revision as of 04:21, 22 November 2007

Score = 19

Governed by: Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(4) implies that the Competition Act applies to anything that affects Finnish customers.
Remedies Fines 1 Article 7(1) allows for fines for violations of Articles 4-7.
Prison Sentences 0
Divestitures 1 Article 11(i) allows Competition Authority to dissolve concentrations that violate 11(d).
Private Enforcement 3rd Party Initiation 1 The Article 18a compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.
Remedies Available to 3rd Parties 1 Article 18a(1) provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s).
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 11c(1) requires notification.
Pre-merger 2 Article 11c(1) requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).
Post-merger 0
Merger Assessment Dominance 1 Article 11d(1) says that the Competition Council may ban a merger if it would strengthen a dominant position.
Restriction of Competition 1 Article 11d(1) allows the Competition Council to ban a merger which would significantly impede competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 6(2) prohibits using dominance to restrict market access by competition.
Abusive Acts 1 Article 6 implies that its list of "abusive acts" by companies in a dominant position is not exhaustive.
Price Setting 1 Article 6(1) lists unreasonable price setting as an example of a prohibited abuse.
Discriminatory Pricing 1 Article 6(3) prohibits discriminatory pricing.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(2)(1) prohibits price fixing.
Tying 1 Article 6(4) prohibits tying arrangements by a dominant firm or "an association of business undertakings of a dominant position.
Market Division 0
Output Restraint 1 Article 4(2)(2) bans limiting production.
Market Sharing 1 Article 4(2)(3) bans market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 5 allows consideration of whether an otherwise impermissible agreement under Article 4 "contributes to improving the production or distribution of goods or to promoting technical or economic progress."

References

  1. ↑ http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended
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