The Finnish Competition and Consumer Authority (FCCA) protects sound and effective economic competition by intervening, where necessary, in restrictive practices, such as cartels and abuse of dominant position, violating the Competition Act and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) forming the basis of competition policy.
Restraints on competition are investigated both on the FCCA’s own initiative and on the basis of complaints. Where necessary, the FCCA makes proposals to the Market Court on the imposition of penalty payments on those in breach of the competition rules.
The FCCA may order that the business undertaking terminate the unlawful conduct or decide that the commitments shall be binding on the business undertakings if these commitments are such that they may eliminate the restrictive nature of the conduct. The FCCA may also oblige a business undertaking to deliver a product to another undertaking on similar conditions as offered by the same business undertaking to other undertakings in a similar position.Read more about antitrust
It is also the FCCA’s task to intervene in concentrations exceeding certain turnover thresholds, if the concentration may significantly impede effective competition in the Finnish markets or a substantial part thereof, in particular as a result of the creation or strengthening of a dominant position. Where necessary, the FCCA may attach conditions to the implementation of a concentration or propose that the Market Court ban the deal.
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The purpose of Competition Act Section 4 a is to safeguard equal operating conditions, i.e. ensure competition neutrality between public and private sector business activities. The Finnish Competition and Consumer Authority (hereinafter referred to as FCCA) has the authority to intervene – with legally mandated requirements and restrictions – in the provision of goods and services in public sector business activities, if the operating models used (such as predatory pricing) or operating structures (such as undertakings controlled by the public sector) prevent or distort competition on the market.
Reacting to a shortfall in competition neutrality primarily takes the form of seeking remedies to be taken through negotiation. In the final instance, the FCCA has the power to impose prohibitions, obligations, and orders.
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Moreover, it is the FCCA’s task to follow the preparation of rules and regulation concerning the economy and to make initiatives to promote competition (so-called advocacy) or to dismantle restrictive regulations.
The objective of this work is not the dismantling of regulation as such but smart regulation, which refers to regulation that is genuinely necessary, correctly dimensioned and measurable and which has benefits that genuinely exceed the drawbacks. Practical advocacy measures include initiatives, opinions, stake holder cooperation and participation in competition-related working groups.Read more about advocacy
Supervision of public procurement
According to the Government proposal (108/2016 vp), the purpose of the supervision of public procurement is to ensure adherence to principles of key significance to the public interest and the efficient use of taxpayers’ and public funds, with respect to issues such as transparency and non-discrimination in public procurement, and effective competitive bidding in public procurement procedures. Supervision conducted by the authorities provides anyone, who feels that a procurement entity has failed to comply with procurement legislation, with the opportunity to bring the matter to the FCCA’s attention by making a request for action. Supervision will focus on the most significant errors and misconduct in terms of transparency and non-discrimination, such as failure to announce public contracts and arrange competitive bidding (illegal direct award), preventing suppliers from taking part in competitive bidding, and intentionally preparing incomplete contract notices, as a result of which the benefits of competitive bidding are lost. Read more about supervision of public procurement
International competition issues
In addition to competition control and advocacy, the FCCA also tends to the international tasks falling under its jurisdiction. The major international cooperation partners for the Competition Division include the ECN network between the EU competition authorities and the competition authorities of other Nordic countries.Read more about international tasks