Visit fondia.com
The content concerns Finnish legislation.

EU Competition Authorities

The tasks of the European Commission include the application and execution of EU competition law. Legal proceedings regarding competition matters are handled by the General Court and appeals on the General Court’s judgments are made to the European Court of Justice.

The Commission’s Directorate-General for Competition investigates and makes decisions in competition infringement cases as well as sets fines, if applicable. In connection with the investigations, the Commission has a right to make investigations (dawn raids) without prior notice and request information from parties. The Commission investigates also the mergers, acquisitions and state aid matters notified to it.

The General Court assesses as the first instance the Commission’s decisions on competition matters, if one of the parties is dissatisfied with the decision of the Commission. A company may e.g. bring a suit to reverse a decision of the Commission if the Commission has set a competition infringement fine.

Judgments of the General Court may be appealed to the Court of Justice as to significant legal questions. The Court of Justice gives also preliminary rulings to national courts. The decisions set out the Court’s interpretation on how EU competition rules should be applied.

Related articles

  • Finnish Competition Authorities

    Regional State Administrative Agencies, the Finnish Competition and Consumer Authority (the FCCA), the Market Court and the Supreme Administration Court deal with restrictions of competition. 
    Read article

  • Division of Authority and Applicable Law

    As regard an antitrust issue under review by a competition authority, the applicable law is determined by whether the trade effect criterium applies to it or not. If the concerned issue may affect the flow of goods between EU member states, be it in a negative or positive manner, it might bring about an effect on trade between EU member states (trade effect). Should this be the case, the review is to be done through Articles 101 and 102 of the Treaty on the Functioning of the EU, the rules and regulations set forth by virtue of them as well as the rulings of the European Court of Justice. If the trade effect does not apply, the case is handled by the Finnish Competition and Consumer Authority that applies the national Competition Act. Due to the fact that competition legislation is almost completely harmonized with EU competition law, both ways of application are, however, most likely to bring about the same outcome.
    Read article