EU competition law enforcement in Finland
EU competition law enforcement in Finland is primarily overseen by the Finnish Competition and Consumer Authority (FCCA), which applies EU competition rules—particularly Articles 101 and 102 TFEU—to cases with a significant effect on trade between Member States. The Market Court of Finland handles appeals against FCCA decisions, while the Supreme Administrative Court serves as the final appellate body.
1. KHO:2019:98 – Finnish Bus Cartel
In 2019, the Supreme Administrative Court of Finland reviewed a case involving several Finnish bus companies accused of anti-competitive practices. The FCCA had imposed fines on these companies for engaging in joint bidding arrangements that restricted competition. The Supreme Administrative Court upheld the FCCA's decision but increased the total fines to €8.9 million, emphasizing the severity of the infringement and the need for deterrence. The court noted that the Market Court had not fully assessed the individual conduct of each company involved.
2. Skanska Case (C-724/17) – Liability of Parent Companies
This case involved a cartel in the Finnish asphalt market that operated from 1994 to 2002. In 2009, the Finnish Administrative Supreme Court imposed fines on several parent companies that continued the economic activity of dissolved cartel participants. The City of Vantaa sought damages from these parent companies. The Court of Justice of the European Union ruled that defendants may not use corporate restructurings to escape responsibility for damages caused by competition law infringements, reinforcing the principle of effective private enforcement of EU competition law.
3. Joint Bidding Case – Finnish Market Court (2024)
In 2024, the Finnish Market Court issued a penalty payment in a case involving joint bidding arrangements among companies in the construction sector. The court found that these arrangements constituted by-object restrictions under Article 101 TFEU, leading to a significant distortion of competition. The court imposed fines on the participating companies, highlighting the importance of deterring anti-competitive practices in public procurement processes.
4. KHO:2015:9 – Abuse of Dominance in the Pharmaceutical Sector
In 2015, the Supreme Administrative Court dealt with a case where a pharmaceutical company was accused of abusing its dominant position by engaging in practices that hindered market entry for generic drug manufacturers. The court upheld the FCCA's decision, emphasizing the need to maintain effective competition in the pharmaceutical market to ensure consumer welfare.
5. KHO:2017:13 – Vertical Restraints in Distribution Agreements
This case involved a dispute over vertical restraints in distribution agreements between a manufacturer and its distributors. The Supreme Administrative Court assessed whether the agreements infringed Article 101 TFEU by restricting competition. The court found that certain clauses in the agreements had anti-competitive effects, leading to a restriction of competition within the internal market.
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