Rationes decidendi and sources of law related to competitive neutrality are found in the legal text and the grounds for the related Government Proposal (HE 40/2013 vp) as well as the Commerce Committee report concerning the legislative proposal (TaVM 19/2013 vp).
Key rationes decidendi are also found in legislation on amendment of the Finnish Local Government Act (HE 32/2013 vp). The rationes decidendi concern the obligation to corporatise business operations, if said business is practiced competitively on the market (Local Government Act (2)(1)), statutory exceptions to the obligation to corporatise (Local Government Act (2 a)(2) and (2 b)) and pricing principles in extraordinary situations involving the obligation to corporatise (Local Government Act 66 a). These provisions influence the application of competition neutrality regulations under the Competition Act.
Provisions in both the Act on amendment of the Local Government Act and Chapter 4 a of the Competition Act include entry-into-force provisions, which give an extension for corporatisation. During the transitional period, the FCCA cannot intervene in a municipal enterprise if the lack of competition neutrality is eliminated as a result of corporatisation.
European Union law may be used as an interpretation guide in application of Chapter 4 a of the Competition Act. This applies especially to the definition of business activities as opposed to, for example, activities not conducted on the market, thus not causing problems in competition equality. The Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest (2012/C8/02 , sections 8-30) can be used as an interpretation guide for the definition of business activities.
Legal praxis concerning competition restrictions does not necessarily serve as an interpretation guide in the investigation of cases involving competitive neutrality. For example, delivery bans or underpricing cannot be evaluated as a matter of competitive neutrality in the same way as the abuse of a dominant position is. A procedure for basically examining a case as a matter of competitive neutrality can, however, be evaluated in terms of Competition Act provisions on banning, such as prohibiting the abuse of a dominant position. Competition Act provisions on banning and competitive neutrality could then be applied in the same procedure.