The Finnish Market Court rejected the Finnish Competition and Consumer Authority’s (FCCA) EUR 44 million proposal for fines for anti-competitive cooperation in its decision issued on 28 August 2024.
The FCCA alleged that six major companies operating in the Finnish market for HVAC infrastructure pipeline products restricted competition by collusive cooperation from 2009 until 2016. According to the FCCA’s investigation, the companies pursued an anti-competitive cooperation to maintain their own market positions and to curb price competition in the market.
The Market Court, however, concluded in its assessment that there was no agreement or overall plan to restrict competition between the wholesalers and manufacturers. The Market Court deemed that some of the companies under investigation had violated the Finnish Competition Act, but in a significantly lesser form than what alleged by the FCCA. The Finnish Market Court therefore rejected the FCCA’s proposal for fines in its entirety. The Market Court ordered the FCCA to pay the legal costs of the respondents, which amounts to an approximate of EUR 1.65 million in total.
The Market Court’s decision is exceptional insofar as its assessment differs remarkably from the FCCA’s findings and proposal. The Market Court’s decision is not yet legally binding, as an appeal to the Supreme Administrative Court may be possible.
See the full text of the Finnish Market Court’s decision (in Finnish) from the following link: MAO:473/2024 – Markkinaoikeus
