The FCCA proposes first ever fine for a failure to observe commitments imposed as a condition for merger control clearance

The Finnish Competition and Consumer Authority (FCCA) has proposed a fine of EUR 900,000 for Valio Oyj (“Valio”), the main Finnish dairy operator, for breaching commitments imposed as a condition for clearing the acquisition by the former of the food wholesale operator Heinon Tukku.

As a condition for the approval of the acquisition, Valio undertook to protect within its own organization price data of competing dairy products manufacturers, to which data Valio has accessed as the new owner of Heinon Tukku, to prevent any incentives on its own pricing and price competition. At the end of 2022, Valio informed the FCCA that it had discovered an error in its data systems, which had disclosed its competitors’ price data within Valio’s own organization. The FCCA’s proposal will be decided upon by the Market Court.

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