Finland/EU, 2004: Difference between revisions
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| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| | | Under Article 18a of the Finnish Competition Authority, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation. | ||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| 1 | | 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). | | Article 18a(1) of the Finnish Competition Authority provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. | ||
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|- class="categorydivision" | |- class="categorydivision" | ||
| Merger Notification | | Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref> | ||
| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
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| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| Article 11c(1) requires notification. | | Article 11c(1) of the Finnish Competition Act requires notification. | ||
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| Pre-merger | | Pre-merger | ||
| 2 | | 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). | | Article 11c(1) of the Finnish Competition Act 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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| Dominance | | Dominance | ||
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| Article 11d(1) says that the Competition Council may ban a merger if it would strengthen a dominant position. | | Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position. | ||
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| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| Article 11d(1) allows the Competition Council to ban a merger which would significantly impede competition. | | Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition. | ||
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Revision as of 21:50, 4 August 2008
Score =
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Finnish Competition Law: Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”). [2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Article 7(1) of the Finnish Competition Law allows for fines for violations of Articles 4-7. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 11(i) of the Finnish Competition Law allows Competition Authority to dissolve concentrations that violate 11(d). | |
| Private Enforcement | 3rd Party Initiation | 1 | Under Article 18a of the Finnish Competition Authority, 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) of the Finnish Competition Authority provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification[3] | Voluntary | 0 | |
| Mandatory | 3 | Article 11c(1) of the Finnish Competition Act requires notification. | |
| Pre-merger | 2 | Article 11c(1) of the Finnish Competition Act 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) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position. |
| Restriction of Competition | 1 | Article 11d(1) of the Finnish Competition Act 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 |
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended
- ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.