Market Court: Valio must comply with Finnish Competition and Consumer Authority decision in spite of appeal

In an interim decision handed down today, the Market Court rejected an appeal by Valio, in which it applied for a prohibition on implementation in the case concerning the abuse of dominant position in fresh milk. Valio must comply with the decision made by the Finnish Competition Authority on 12 December 2012, ordering it to stop abusing its dominant position before the Market Court renders a final decision in the matter.

The Finnish Competition Authority (now named the Finnish Competition and Consumer Authority), gave a decision on 20 December 2012 on Valio’s abuse of its dominant position. The decision consisted of a proposal to the Market Court for monetary sanctions, ordering Valio to cease the use of predatory pricing, which violated the Competition Act.

The interim decision by the Market Court applies to the order by the Authority to cease the violation. The decision is linked to an appeal by Valio that is pending in the Market Court, and in its decision the Market Court has not evaluated the question of whether or not Valio has abused its dominant position. The processing of the principal claim of abusing a dominant position and the proposal by the Competition Authority for monetary sanctions is incomplete and will move forward in the Market Court in the autumn.

The Finnish Competition and Consumer Authority is satisfied with the decision of the Market Court. Valio decides on the price of fresh milk according to its own business discretion, on the condition that it takes the obligations brought on by its own dominant position into consideration.

The decision by the Finnish Competition Authority from 20 December 2012 (in Finnish)
The Finnish Competition Authority press release from 20 December 2012

Further Information:  

Head of Research Sanna Syrjälä, tel. +358 29 505 3385
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