Finland 2004
Score =
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 | Competition authority can order the break-up of a firm.[2] | |
| 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 6(1)(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 | 1 | Article 6(1)(2) bans market division unless necessary for economic development. | |
| Output Restraint | 1 | Article 6(1)(2) bans limiting production unless necessary. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 5 prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 6(1)(2) |
References
- ↑ http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended
- ↑ Competition Law in the EU, pp. 379-80