Finland 2004: Difference between revisions
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New page: '''Score = ''' ''Governed by:'' Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”). <ref>''http://www.kilp... |
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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”). | ||
| Line 11: | Line 11: | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | Article 2(4) implies that the Competition Act applies to anything that affects Finnish customers. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 1 | ||
| | | Article 7(1) allows for fines for violations of Articles 4-7. | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| | | 0 | ||
| | | | ||
| Line 29: | Line 29: | ||
| | | | ||
| Divestitures | | Divestitures | ||
| | | 1 | ||
| | | Article 11(i) allows Competition Authority to dissolve concentrations that violate 11(d). | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 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 | | 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 | | 3rd Party Rights in Proceedings | ||
| | | 0 | ||
| | | | ||
| Line 53: | Line 53: | ||
| Merger Notification | | Merger Notification | ||
| Voluntary | | Voluntary | ||
| | | 0 | ||
| | | | ||
| Line 59: | Line 59: | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | Article 11c(1) requires notification. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | 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 | | Post-merger | ||
| | | 0 | ||
| | | | ||
| Line 77: | Line 77: | ||
| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
| | | 1 | ||
| | | Article 11d(1) says that the Competition Council may ban a merger if it would strengthen a dominant position. | ||
|- | |- | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | Article 11d(1) allows the Competition Council to ban a merger which would significantly impede competition. | ||
|- | |- | ||
| | | | ||
| Public Interest (Pro D) | | Public Interest (Pro D) | ||
| | | 0 | ||
| | | | ||
| Line 95: | Line 95: | ||
| | | | ||
| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| | | 0 | ||
| | | | ||
| Line 101: | Line 101: | ||
| | | | ||
| Other | | Other | ||
| | | 0 | ||
| | | | ||
| Line 107: | Line 107: | ||
| | | | ||
| Efficiency | | Efficiency | ||
| | | 0 | ||
| | | | ||
| Line 113: | Line 113: | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | Article 6(2) prohibits using dominance to restrict market access by competition. | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | Article 6 implies that its list of "abusive acts" by companies in a dominant position is not exhaustive. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | Article 6(1) lists unreasonable price setting as an example of a prohibited abuse. | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | Article 6(3) prohibits discriminatory pricing. | ||
|- | |- | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 0 | ||
| | | | ||
| Line 143: | Line 143: | ||
| | | | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| | | 0 | ||
| | | | ||
| Line 149: | Line 149: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 0 | ||
| | | | ||
| Line 155: | Line 155: | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | Article 4(2)(1) prohibits price fixing. | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 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 | ||
| 0 | |||
| | | | ||
|- | |- | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | Article 4(2)(2) bans limiting production. | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | Article 4(2)(3) bans market sharing. | ||
|- | |- | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| | | 0 | ||
| | | | ||
| Line 191: | Line 191: | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| 0 | |||
| | | | ||
|- | |- | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 0 | ||
| | | | ||
| Line 203: | Line 203: | ||
| | | | ||
| Efficiency Defense | | 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." | ||
|} | |} | ||
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." |