Finland/EU, 2004
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 | 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 |