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 (12 §).
The provisions of the Competition Act on penalty payments were supplemented and specified with amendments that entered into force in June 2021. The amendments were mainly based on the so-called ECN+ Directive (Directive (EU) 2019/1 of the European Parliament and of the Council). The amendments based on the Directive related, inter alia, to the assessment of the amount of the penalty payments imposed on associations of undertakings, the recovery of the penalty payment imposed on an association from its members in certain situations (new Section 47a) and the imposition of penalty payments for infringements of procedural provisions (new Section 37a). In addition to the amendments based on the Directive, amendments were made on the basis of national considerations at the same time to specify the methodology used in determining the amount of the penalty payments imposed for restrictions of competition (Sections 13 and 13a – 13 f).
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.
The rules on 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)gov.fi and iiro.ihanamaki(at)gov.fi