Competition cases

1. Commencement of proceedings

A case concerning a restriction of competition is commenced at the Market Court following the receipt by the Market Court of a proposal by the Finnish Competition Authority or of an appeal against a Finnish Competition Authority decision or of an application of the Finnish Competition Authority or of the European Commission. The proposal, the appeal and the application shall be made in writing.

1.1 A proposal

A proposal to impose a penalty payment (competition infringement fine) can be made by the Finnish Competition Authority.

1.2 Appealing a Finnish Competition Authority decision

An appeal can be made by whomever the Finnish Competition Authority decision is addressed to or whose right, obligation or interest is directly affected by the decision.

The appeal shall be sent to the Market Court within thirty days of service of the Finnish Competition Authority decision. The appeal period shall be exclusive of the date of service.

2. Hearing of a case at the Market Court

When a case is being prepared, the undertaking or association of undertakings to which the proposal relates is provided with an opportunity to respond orally or in writing to the proposal. In the event of a proposal, the undertaking affected by the restriction of competition can also be heard. In the event of an appeal, the Finnish Competition Authority is requested to make a statement and the undertaking or association of undertakings to which the appeal relates is provided with an opportunity to make a statement.

The proceedings at the Market Court are generally conducted in writing in competition cases. The Market Court can hold an oral hearing if necessary in order to clarify the case. An oral hearing can be held in particular when the clarification of a case calls for personal testimony or for the hearing of experts. An oral hearing is usually held for dealing with a penalty payment proposal.

3. Sanctions that can be ordered by the Market Court

The Market Court shall upon the proposal of the Finnish Competition Authority impose a penalty payment (a competition infringement fine) on an undertaking or an association of undertakings who infringe the provisions of Articles 4 or 6 of the Act on Competition Restrictions or Articles 101 or 102 of the Treaty on the Functioning of the European Union, unless the conduct shall be deemed to be minor or the imposition of the penalty payment otherwise unjustified in respect to safeguarding competition.

In fixing the amount of the penalty payment, regard shall be had to the gravity, extent and duration of the competition restriction. The Market Court may reduce the penalty payment or not impose any payment if the undertaking or an association of undertakings has considerably assisted the Finnish Competition Authority in the investigation of a competition restriction.

The Market Court may impose a conditional fine to enforce compliance with an injunction, prohibition or an obligation. The decision to order the payment of the conditional fine shall be taken by the Market Court.

4. Claims for damages

An undertaking that intentionally or negligently violates provisions prescribed in Article 4 or 6 of the Act on Competition Restrictions or Article 101 or 102 of the Treaty on the Functioning of the European Union shall be under an obligation to compensate the other undertaking for the damage caused. Damages are not a sanction that can be ordered by the Market Court nor is the Market Court competent to consider claims for damages.
Claims for damages shall be lodged with a general lower court or arbitration court.

5. Appeal

A party may with certain exceptions appeal a Market Court ruling to the Supreme Administrative Court.

An appeal shall be lodged within thirty days of service of the ruling. A Market Court ruling shall be complied with notwithstanding an appeal unless the Supreme Administrative Court orders otherwise.

A penalty payment is enforced in the same way as taxes and public charges.

6. Costs

When the Market Court hears a competition case, the provisions of the Administrative Judicial Procedure Act shall apply to indemnification of any legal costs.

According to the Administrative Judicial Procedure Act, a party shall be liable to compensate the other party for its legal costs in full or in part, if especially in view of the resolution of the matter it is unreasonable to make the latter bear its own costs. An administrative authority that has made a decision can also be regarded as a party. When assessing the liability of a public party, special account shall be taken of whether the proceedings have arisen from the error of the authority. A private party shall not be held liable for the costs of a public party unless the private party has made a manifestly unfounded claim.

7. Publicity of the proceedings

The Act on the Publicity of Administrative Court Proceedings shall apply in the hearing of competition cases at the Market Court.