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(480/1992)
Chapter 1
General Provisions
Article 1
(1) On the protection of sound and effective economic competition from harmful restrictive practices, what is provided in this Act shall be in force.
(2) Upon application of this Act, special attention shall be paid to the interest of consumers and the protection of the freedom of business undertakings to operate without unjustified barriers and restrictions.
Article 2
(1) This Act shall not be applied to agreements or arrangements which concern the labour market. (447/1994)
(2) This Act shall not be applied to agreements, decisions or corresponding practices by agricultural producers or associations of producers concerning the primary production of agricultural products when they promote an increase in the productivity of agriculture, the effective operating of the market, the availability of foodstuffs and the achievement of reasonable consumer prices and a lower cost level. (908/1995)
(3) The Act shall, however, be applied to such practices referred to in paragraph (2), which, to a significant extent, prevent sound and effective competition in the agricultural product market, or lead to an abuse of a dominant position. (447/1994)
(4) Unless otherwise decreed by the State Council, this Act shall not be applied to a competition restriction which restrains competition outside of Finland insofar as it is not directed against Finnish customers. The State Council may decree that the Act be extended to cover a competition restriction felt abroad if so required by an agreement made with a foreign state, or if it is in the interests of Finland's foreign trade. (1529/2001)
(5) What is provided under paragraph (4) shall not apply to such measures taken by the Finnish Competition Authority which are covered elsewhere in the European Communities rules. (908/1995)
Article 3
(1) In the context of this Act, a business undertaking shall mean a natural person, or a private or public legal person, who professionally offers for sale, buys, sells, or otherwise obtains or delivers goods or services (product) in return for compensation.
(2) A dominant position shall be deemed to be held by a business undertaking or an association of business undertakings, who, either within the entire country or within a given region, hold an exclusive right or other dominant position in a specified product market so as to significantly control the price level or terms of delivery of that product, or who, in some other corresponding manner, influence the competitive conditions on a given level of production or distribution.
Chapter 2
On Competition Restrictions
Article 4
When business is conducted, it shall be prohibited to request from the subsequent sales level that, in the domestic sale or rental of products offered, a certain price, compensation or the determination thereof shall not be exceeded or undercut.
Article 5
(1) When business is conducted, it shall be prohibited to apply an agreement or other concerted arrangement under which, in the sale or purchase of goods or rendering of services in tendering:
(1) a party shall waive from making a tender;
(2) a party shall submit a higher or lower tender than another party; or
(3) the price of tender, an advance or credit term shall otherwise be based on co-operation among the tenderers.
(2) What is provided under paragraph (1) shall not apply to an agreement or other arrangement whereby the tenderers have combined to make a joint tender for a joint performance.
Article 6
A business undertaking or an association of business undertakings operating on the same production or distribution level shall not, by virtue of an agreement, a decision or a corresponding practice:
(1) fix or recommend the prices or compensations to be collected when business is conducted; or
(2) limit production or divide the market or sources of supply unless this is essential for an arrangement which will boost production or distribution or promote technical or economic progress and as a result of which the benefit will primarily accrue to customers or consumers.
Article 7
An abuse of dominant position by a business undertaking or an association of business undertakings shall be prohibited. For example the following shall constitute an abuse:
(1) refraining from a business relationship without a justified cause;
(2) use of business terms which are not based on fair trading conditions and which restrict the freedom of action of the customer;
(3) use of exclusive sales or exclusive purchasing agreements without a justified cause;
(4) application of a pricing practice which is likely to be unreasonable or likely to restrict competition; or
(5) use of a dominant position to restrict competition in the production or marketing of other products.
Article 8
(1) A business undertaking or an association of business undertakings who violate the provisions under Articles 4-7 shall be fined a penalty payment (a competition infringement fine), unless the practice is to be considered minor or the imposing of a fine otherwise unjustified with respect to protecting competition.
(2) When the amount of the payment is set, attention shall be paid to the nature, extent and duration of the competition restriction. The amount shall range from five thousand to four million Finnmarks. If the competition restriction and the circumstances so warrant, the amount quoted may be exceeded. The payment shall not, however, exceed ten per cent of the previous year's turnover of each individual business undertaking or an association of business undertakings involved in the restriction.
(3) The penalty payment shall be imposed by the Market Court upon the proposal of the Finnish Competition Authority. The payment shall be ordered payable to the State.(1529/2001
(4) [repealed by 303/1998]
Article 9
(303/1998)
A competition restriction which is not forbidden under Articles 4-7 shall be deemed to have harmful effects, if it, in a manner inappropriate for sound and effective competition, decreases or is likely to decrease efficiency within the economy, or prevents or hinders the conducting of business by another.
Chapter 3
Provision of Information on Competition Restrictions
Article 10
(1) A business undertaking or association of business undertakings shall be obliged, at the request of the Finnish Competition Authority, to provide the Authority with all the information and documents needed for the investigation of the content, aim and effect of a competition restriction and for clarifying the competitive conditions.
(2) A business undertaking or an association of business undertakings shall, at the request of the Finnish Competition Authority, also provide the Authority with the necessary information and documents to enable it to investigate whether the business undertaking or an association of business undertakings hold a dominant position.
(3) The corresponding information and documents shall be provided to a State Provincial Office when this investigates competition restrictions or competitive conditions.
(4) The information shall, whenever requested, be delivered in writing.
Chapter 3a
Control of Concentrations
Article 11 (303/1998)
(1) In the context of this Act, a concentration shall mean
(1) the acquisition of control referred to in Chapter 1, Article 3, of the Companies Act (734/1978) or an acquisition of a corresponding actual control (control);
(2) the acquisition of the entire business operations or a part thereof of a business undertaking;
(3) a merger;
(4) the creation a of a joint venture performing on a lasting basis all the functions of an autonomous economic unit.
(2) The provisions on the control of concentrations shall not apply to internal arrangements within a group of companies referred to in paragraph (1).
(3) A party to a concentration shall mean the acquirer of control; the acquirer of business operations or a part thereof referred to in (1)(2); the object of control; the business operation or a part thereof referred to in (1)(2); an entity or foundation party to a merger referred to in (1)(3) and the founder of a joint venture referred to in (1)(4).
Article 11a (303/1998)
(1) The provisions on the control of concentrations shall apply to a concentration where the combined turnover of the parties to the concentration exceeds 2 milliard Finnmarks and the turnover of a minimum of two parties exceeds 150 million Finnmarks. The application of the provisions also requires that the object of the acquisition, or an entity or foundation part of the same group, a merging entity or foundation or an entity or foundation part of the same group, or a joint venture to be established, conducts business in Finland.
(2) In the context of this Act, what is provided on turnover shall apply to:
(1) the total amount of the income items, excepting extraordinary income, of the credit institutions, investment firms and other financial institutions to which the provisions of Chapter 4 of the Act on Credit Institutions (1607/1993) are applicable and in accordance with which the relevant profit and loss account has been drawn up; and
(2) the gross premium written of insurance and pension institutions or, in the context of pension foundations, premium written.
(3) The provisions on the control of concentrations shall not apply if the concentration falls within the scope of Council Regulation (EEC) No. 4064/89 on the control of concentrations between undertakings, unless the Commission refers the concentration to the Finnish Competition Authority under Article 9 of the Regulation cited.
Article 11b (303/1998)
(1) The turnover of the acquirer of control; the acquirer of business operations or a part thereof referred to in 11(1)(2); the acquiring entity or foundation in an absorption merger; the merging entity or foundation in a combination merger and the founder of a joint venture shall contain
(1) the turnover of an entity or a foundation exercising control therein;
(2) the turnover of an entity or a foundation wherein it exercises control;
(3) the turnover of an entity or a foundation wherein an entity or foundation referred to in item (1) exercises control; and
(4) the turnover of an entity or a foundation wherein control is exercised by the same natural person as in the entity or foundation referred to in 11b(1).
(2) The turnover of the object of the acquisition shall mean
(1) the turnover of the entity or foundation wherein control is acquired;
(2) the turnover related to the business operations or a part thereof referred to in 11(1)(2); or
(3) the turnover of a merging entity or foundation in an absorption merger.
(3) The turnover of the object of the acquisition shall also contain the turnover of the entity or foundation where the entity or foundation referred to in (2)(1) or (2)(3) exercises control.
(4) Where business operations are acquired through two or more successive transactions, the turnover of the object of the acquisition shall mean the combined turnover related to the business operations acquired from the same entity or foundation during two years preceding.
(5) The turnover of the object of the acquisition shall also contain all the turnovers of the entities or foundations operating within the same industry in Finland wherein the acquirer has, during two years preceding, acquired control.
(6) The relevant Ministry provides more specific instructions on the calculation of the turnover.
Article 11c (303/1998)
(1) A concentration shall be notified to the Finnish Competition Authority within a week from:
(1) the acquisition of control;
(2) the acquisition of business operations or a part thereof referred to in 11(1)(2);
(3) the announcement of a public bid referred to in Chapter 6, Article 2, of the Securities Market Act (495/1989);
(4) the decision to merge in the merging corporations; or
(5) the decision to set up a joint venture in a founding meeting.
(2) A concentration, to which the provisions of Chapters 3, 16 or 16a of the Insurance Companies Act (1062/1979); Chapters 3 or 10 of the Act on Employment Pension Insurance Companies (354/1997); paragraph 2(3) of Chapter 1 or Chapter 14 of the Insurance Associations Act (1250/1987); Chapter 11 of the Pension Foundation Act (1774/1995) or Chapter 12 of the Insurance Fund Act (1164/1992) apply, shall be notified to the Finnish Competition Authority within a week after the parties to the concentration have been informed of the approval of the Insurance Supervision Authority or of the Insurance Supervision Authority not opposing the concentration. A notification is not necessary if the Insurance Supervision Authority, to the extent prescribed in the Acts cited in the present paragraph, has requested a statement from the Finnish Competition Authority about the concentration and the Finnish Competition Authority has found in its statement that no impediment for the approval of the concentration exists. (91/1999)
(3) Those obliged to notify are the acquirer of control; the acquirer of business operations or a part thereof; the entities or foundations party to a merger and the founders of a joint venture.
(4) The relevant Ministry shall provide more detailed information on the obligation to notify.
Article 11d (1529/2001)
(1) The Market Court may, upon the proposal of the Finnish Competition Authority, prohibit or order a concentration to be dissolved or attach conditions on the implementation of a concentration, if, as a result of it, a dominant position shall arise or be strengthened which significantly impedes competition in the Finnish markets or a substantial part thereof.
(2) In addition to what is provided under paragraph (1), the Market Court may, upon the proposal of the Finnish Competition Authority, also prohibit a concentration in the electricity market as a result of which the combined share of the transmission operations of the parties to the concentration and the entities or facilities in such a relation to them as described under 11b(1)–(3) of the amount of electricity transmitted at 400 V in the transmission grid exceeds 25 per cent on a national level.
(3) If the impediment of competition referred to in paragraph (1) or the harmful effects of the concentration referred to in paragraph (2) may be avoided by attaching conditions on the implementation of the concentration, instead of making a proposal, the Finnish Competition Authority shall negotiate and order such conditions to be followed.
(4) To enforce the conditions, the Finnish Competition Authority may impose a conditional fine. The Market Court may impose a conditional fine to enforce a prohibition, injunction or condition. The Market Court shall order the payment of the fine.
Article 11e (303/1998)
(1) The Finnish Competition Authority shall immediately examine the notification. During the initial stage, the Finnish Competition Authority shall decide whether further investigations are required. If the Finnish Competition Authority shall not take a decision about initiating further proceedings within one month from the receipt of the notification, the concentration shall be considered approved. The time shall not start to run if the notification is significantly incomplete.
(2) If the Finnish Competition Authority does not attach conditions or make a proposal to prohibit the concentration within three months from taking the decision to initiate further proceedings, the concentration shall be considered approved. The Market Court may suspend the deadline by a maximum of two months. (1529/2001)
(3) On the powers of investigation of the Finnish Competition Authority, what is prescribed in Articles 10, 20 and 25 shall apply.
Article 11f (303/1998)
(1) The parties to the concentration shall not, prior to a final decision or other approval in the relevant concentration case, take measures to implement the concentration, unless otherwise prescribed in the present Act or so ordered after an appraisal of the issue.
(2) What is provided under paragraph (1), shall not prevent the implementation of a public bid referred to in Chapter 6, Article 1, of the Securities Market Act or the use of a redemption obligation under Chapter 6, Article 6(1) of the Act cited or the use of a redemption obligation or a right of redemption under Chapter 14, Article 19(1), of the Finnish Companies Act.
(3) What is provided under paragraph (1) does not prevent the granting of a permission to implement a merger. The implementation of a merger shall not be registered, however, prior to a final decision or other approval in a concentration issue.
(4) What is provided under paragraph (3) also applies to the transfer of business operations referred to in the Act on Commercial Banks and other Joint-stock Credit Institutions (1501/2001), the Act on Co-operative Banks and Other Co-operative Credit Institutions (1504/2001) and the Savings Bank Act (1502/2001). (1512/2001)
Article 11g (303/1998)
A business undertaking who fails to comply with the obligation to notify prescribed in Article 11c or implements a concentration in breach of Articles 11d or 11f shall be fined a penalty payment prescribed in Article 8, unless the conduct is to be found minor or the imposing of a fine otherwise unjustified with respect to safeguarding competition.
Article 11h (1529/2001)
(1) Where the Finnish Competition Authority has proposed prohibiting a concentration, the Market Court shall issue its decision within three months from the making of the proposal. Otherwise the concentration shall be considered approved.
(2) The prohibition to implement a concentration shall lapse, unless the Market Court orders otherwise within one month from the making of the proposal or from the lodging of the appeal.
Article 11i (303/1998)
(1) Upon application, the Finnish Competition Authority may lift a condition attached to the implementation of a concentration or mitigate it, due to an appreciable change in market conditions or another substantial cause.
(2) Notwithstanding a prior decision, the Market Court may, upon the proposal of the Finnish Competition Authority, prohibit or order a concentration to be dissolved or attach conditions for its implementation if the parties concerned have supplied false or misleading information which has had a substantial effect on the decision, or if the concentration has been put into effect in breach of Articles 11d or 11f. A further prerequisite is that the parties to the concentration shall be informed of the proposal by the Finnish Competition Authority to reappraise the case no later than one year from the final decision or from the implementation of the concentration. (1529/2001)
Chapter 4
Procedural Provisions
(303/1998)
Article 12
(1) The Finnish Competition Authority shall investigate competition restrictions and their effects. If the Finnish Competition Authority finds that a business undertaking or an association of business undertakings restraints competition in a manner referred to in Articles 4-7 or 9, it shall initiate the necessary proceedings to eliminate the competition restriction or its harmful effects. However, the Finnish Competition Authority may decide not to take action if the competition restriction only exhibits a minor effect on economic competition. (303/1998)
(2) The State Provincial Offices shall investigate competition restrictions and their effects, and by order of the Finnish Competition Authority, shall initiate proceedings to eliminate them.
(3) If the harmful effects of a competition restriction referred to in Article 9 cannot be eliminated through negotiation or otherwise, the Finnish Competition Authority shall make a proposal to the Market Court. (1529/2001)
(4) The Insurance Supervision Authority may also propose that a competition restriction primarily involving insurance business be brought before the Market Court.(1529/2001)
Article 13
[Repealed by 303/1998]
Article 14
(1) If the application or implementation of a competition restriction shall be prevented at once, the Finnish Competition Authority may issue an interlocutory injunction to that effect. The Finnish Competition Authority may also temporarily oblige a business undertaking to deliver products to another undertaking on terms which equal those offered by the same business undertaking to other undertakings.
(2) If the Finnish Competition Authority issues an interlocutory injunction or an obligation, it shall, within one week from the date of issue, refer the case to the Market Court. The Finnish Competition Authority shall make a proposal about the primary issue within one month from the issuing of the interlocutory injunction. If it fails to make the proposal or fails to bring the interlocutory injunction or obligation before the Market Court within the prescribed time limit, the injunction or obligation will lapse. (1529/2001)
(3) Before the Finnish Competition Authority issues an interlocutory injunction or an obligation, it shall grant the business undertaking or the association of business undertakings an opportunity to be heard, unless the urgency of the matter or some other specific reason demands otherwise.
(4) To enforce an injunction or an obligation, the Finnish Competition Authority may impose a conditional fine. The decision to impose the conditional fine shall be made by the Market Court. (1529/2001)
Article 15
(1529/2001)
(1) A competition restraints issue shall be brought before the Market Court by the proposal referred to in Article 8(3), Article 11d(1), Article 12(3)–(4), Article 14(2), Article 16, Article 19(3) or Article 19a(2) or the appeal referred to in 21(1). The proposal and the appeal shall be made in writing.
(2) After the proposal or appeal referred to in paragraph (1) has arrived before the Market Court, the Chief Judge or a Market Court Judge shall conduct preliminary proceedings before the final proceedings to enable a prompt decision to be made, unless the matter shall be dismissed as inadmissible or dismissed at once as unfounded.
(3) During preliminary proceedings, a business undertaking or an association of business undertakings concerned shall be granted an opportunity to respond to the proposal either orally or in writing. A business undertaking, which is the object of the restraint, may also be heard. Preliminary proceedings may be closed even if the party concerned has not submitted the requested reply on the proposal.
Article 15a
(1529/2001)
(1) The Market Court may oblige a party concerned to arrive before it and to produce its business correspondence, financial accounts, minutes and other documents shedding light on the competititon restriction. The obligation to supply documents does not concern business secrets of a technical nature. Unless the obligation to produce the requested documents is fulfilled or the party concerned fails to appear before the Court without a lawful impediment, the party concerned may be obliged to produce the documents or to appear before the Court under the threat of a fine.
(2) The Administrative Judicial Procedure Act (586/1996) is otherwise applied to the appraisal of the matter. There are separate provisions on the publicity of hearings and records.
Article 16
(1529/2001)
(1) If a competition restriction exhibits any of the harmful effects referred to in Article 9 or it is forbidden under Articles 4–7, the Market Court may:
(1) prohibit the application of an agreement referred to in Article 9 or other arrangement restricting competition or a corresponding practice by the business undertaking or an association of business undertakings or order a business undertaking or an association of business undertakings to terminate conduct violating Articles 4–7; and
(2) oblige that the business undertaking deliver the product to another undertaking on terms which equal those offered by the same business undertaking to other undertakings in a similar position.
(2) [Repealed by 303/1998]
Article 17 (1529/2001)
(1) The Market Court may impose a conditional fine to enforce the application of an injunction, ban or obligation referred to in Article 16.
(2) An injunction, ban or obligation referred to in paragraph (1) may also be temporarily imposed for the duration of the proceedings before the Market Court in the issue. In this event, what is prescribed in paragraph (1) shall be in force.
(3) The Market Court shall commence proceedings in an issue involving an interlocutory injunction or an obligation within one month from the arrival of the proposal, and, at the same time, also prescribe whether the interlocutory injunction or obligation imposed by the Finnish Competition Authority by virtue of Article 14(1) shall remain in force for the duration of the proceedings by the Court. In this event, what is prescribed in paragraph (1) shall be in force in a corresponding manner.
(4) The Market Court shall order a conditional fine to be paid.
Chapter 5
Miscellaneous Provisions
Article 18 (1529/2001)
If a condition which is included in an agreement, statute, decision or other legal act or arrangement violates Articles 4-7 or an injunction or an obligation issued by the Market Court or an interlocutory injunction or an obligation issued by the Finnish Competition Authority, such a condition shall not be applied or implemented.
Article 18a
(303/1998)
(1) A business undertaking, who, either intentionally or negligently, violates the prohibitions prescribed in Articles 4-7 or a decision by the Market Court wherein the Court has found the competition restriction to have the harmful effects referred to in Article 9, is obliged to compensate the damage caused to another business undertaking. The compensation for damage shall cover compensation for the expenses, price difference, lost profits and other direct or indirect economic damage resulting from the competition restriction. (1529/2001)
(2) The compensation may be adjusted if a full compensation is considered unreasonably demanding in view of the nature and extent of the damage, the circumstances of the parties involved and other relevant issues.
(3) The right for compensation shall expire if the action for damages has not been instituted within five years from the date that the business undertaking was informed, or should have been informed, of the occurrence of the damage.
(4) During its proceedings regarding an action for damages, the court may request a statement from the Finnish Competition Authority.
Article 19
(1) The Finnish Competition Authority may order, at the request of a business undertaking or an association of business undertakings, that the provisions under Articles 4-6 not be applied to a competition restriction if it promotes the production or distribution of products or technical or economic progress and if the benefit primarily accrues to customers or consumers.
(2) The Finnish Competition Authority may attach conditions on granting an exemption. An exemption may be granted until further notice or for a limited period. (303/1998)
(3) If the terms of an exemption are violated or if the circumstances have changed to a significant extent following the granting of an exemption, the Market Court may, at the request of the Finnish Competition Authority, revoke the exemption. Prior to making a request to this effect, the Finnish Competition Authority shall hear the holder of an exemption. (1529/2001)
Article 19a
(303/1998)
(1) At the request of a business undertaking or an association of business undertakings, the Finnish Competition Authority may issue a decision under which an agreement, decision or practice of the applicant does not, based on the information received, fall within the scope of the prohibitions of Articles 4-6 (negative clearance).
(2) The Market Court may, upon the proposal of the Finnish Competition Authority, revoke the negative clearance, if
(1) the circumstances have changed to a significant extent after the decision was given;
(2) the decision has been based on false, misleading or incomplete information; or
(3) the case-law on the application of the prohibitions prescribed in Articles 4–6 has changed to a significant extent as a result of the decisions issued by the Market Court or the Supreme Administrative Court. (1529/2001)
Article 19b
(303/1998)
(1) A penalty payment cannot be imposed for a competition restriction for which an exemption or negative clearance has been sought, for the interim period between the filing of the application and a final decision by a competition authority, provided that the restriction has been implemented following the filing of the application.
(2) What is prescribed in paragraph (1) does not prevent the imposing of a penalty payment if the Finnish Competition Authority has, within two months from the receipt of the application, informed the applicant that, based on a preliminary examination by the Finnish Competition Authority, the agreement, decision or practice falls within the scope of the prohibitions prescribed in Articles 4–6 and for which an exemption cannot be granted.
Article 20 (448/1994)
(1) The authorised officials of the Finnish Competition Authority and of a State Provincial Office shall have the right to carry out inspections in order to supervise compliance with this Act and any subsequent rules and orders issued under it. The Finnish Competition Authority shall be obliged, at the request of the Commission of the European Communities, to conduct investigations as prescribed in the European Communities rules. (908/1995)
(2) The Finnish Competition Authority shall also assist the Commission in carrying out inspections as prescribed in the European Communities rules. (908/1995)
(3) The business undertaking or an association of business undertakings shall, for the purpose of an inspection or an investigation, allow an official referred to in paragraphs
(1) and (2) to enter any business premises, storage areas, land and vehicles in their possession. The official performing an inspection or an investigation has the right to examine the business correspondence, financial accounts, computer files and other documents of a business undertaking or an association of business undertakings which may be relevant for ensuring compliance with the present Act and with any subsequent rules and orders issued under it.
(4) The official performing an inspection or investigation shall have the right to request oral explanations on the spot and to take copies of the documents to be investigated.
(5) When needed, the police shall, upon request, provide official assistance in the conducting of an inspection or investigation referred to in paragraphs (1) and (2), in a manner prescribed elsewhere in relevant provisions.
Article 21< (1529/2001)
(1) A decision issued by the Finnish Competition Authority on the basis of this Act may be appealed to the Market Court in the order prescribed in the Administrative Judicial Procedure Act. A decision by the Finnish Competition Authority under 11e(1) and 14(1), a statement under 19b(2) and the decision taken by the Finnish Competition Authority to perform an inspection under Article 20 shall not be appealed. A decision issued by the Finnish Competition Authority under Article 10 shall be followed, notwithstanding an appeal, unless the Market Court rules otherwise. (303/1998)
(2) A decision by the Market Court under the present Act may be appealed to the Supreme Administrative Court in the order prescribed in the Administrative Judicial Procedure Act. A decision by the Market Court on a decision taken by the Finnish Competition Authority under 19(1)-(2) and 19a(1) and a decision by the Market Court under 11e(2) shall not be appealed. A Market Court decision shall be followed, notwithstanding an appeal, unless the Supreme Administrative Court rules otherwise.
(3) A decision on official assistance under 20(5) shall not be appealed.
(4) A penalty payment shall be implemented without a judgement or a decision in compliance with what is prescribed in the Act on the Recovery of Taxes and Charges through Execution (367/1961).
Article 22 (1529/2001)
A penalty payment shall not be imposed for violating the provisions under Articles 4-7, unless the issue has been referred to the Market Court within five years from the date of expiry of the competition restriction or from the date the Finnish Competition Authority has been informed of a competition restriction.
Article 23
The obligation to provide information as prescribed in Articles 10 and 11 preceding, and the obligation to produce documents as prescribed in Article 20(3) (1994/448), shall not apply to a business secret of a technical nature.
Article 24
[Repealed by 623/1999]
Article 25 (1529/2001)
The Finnish Competition Authority may impose a conditional fine to enforce the obligation to provide information or to produce documents referred to in Article 10, the obligation to notify and to provide information referred to in Article 11 and the obligations referred to in Article 20. The Market Court shall order a conditional fine to be paid.
Article 26
This Act is otherwise governed by what is prescribed on the imposing of conditional fines and ordering them to be paid under the Act on Conditional Fines (1113/1990).
Article 27
(1) A punishment for providing an authority with false information shall be prescribed for under Chapter 16, Article 8, of the Criminal Act. (576/1998)
(2) The Court shall, when handling a competition restriction infringement issue, grant the Finnish Competition Authority an opportunity to be heard. If deciding the issue requires special knowledge of competition matters, the Court may, on its own initiative or that of a party concerned, request a statement from the Market Court. (1529/2001)
Article 28
[Repealed by 623/1999]
Article 29
More detailed provisions on the implementation of the present Act shall, when necessary, be issued under a Decree.
Article 30
(1) This Act shall be effective from September 1 1992. The provisions under Article 6 of the present Act shall not, however, be applied before six months have elapsed from its entry into force.
(2) This Act shall repeal the Act on Competition Restrictions issued on 29 July 1988 (709/1988).
(3) The decisions issued under the Act referred to in paragraph (2) shall continue to be effective.
Translation: Jaana Aho, Finnish Competition Authority
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