Dominant position in grocery trade
According to the Competition Act, an operator holds a dominant position in the grocery trade market if its market share in the Finnish retail trade of groceries exceeds 30 per cent. The grocery trade market refers to both retail and procurement markets. Enterprises holding a market share exceeding the threshold have to comply with the prohibition of the abuse of dominant position. The provision has no effect on the criteria for the abuse of dominant position.
The Finnish Competition and Consumer Authority (FCCA) may order an undertaking to terminate the conduct that restricts competition. It may also decide that the commitments submitted by the undertaking involved in the competition restraint shall be binding on the undertaking, if the commitments are such that the restrictive nature of the conduct can be eliminated. Upon the proposal of the FCCA, the Market Court may impose a penalty payment on a company that is found guilty of restricting competition.
Compensation for damages
Under the Competition Act and its section on damages, other parties than undertakings are also entitled to compensation for damages caused by a restraint on competition. Compensation cases are dealt with in general courts.
New rules will be applied to the compensation of damages caused by infringements of competition law once the Directive 2014/104/EU on antitrust damages actions has been implemented in Finland.
Further information: virve.haapajarvi(at)tem.fi