Article 1
Turnover under the Act on Competition Restrictions
(1) In 11a(1) and 11b of the Act on Competition Restrictions (480/1992) turnover refers to the world-wide gross sales of the ordinary activities of an entity or foundation, based on the most recent profit and loss account drawn up, of which the sales rebates granted, value-added tax and other taxes directly related to the turnover have been deducted, as prescribed in Chapter 4, Article 1, of the Book-Keeping Act (1336/1997).
(2) The turnover referred to in Articles 11a and 11b of the Act on Competition Restrictions shall be adjusted to correspond to the turnover of 12 months if the accounting period has differed from it.
(3) The turnover shall be adjusted by deducting from it the turnover of the disposed business operations gained through a concentration put into effect after the closing of an accounting period and by adding to it the turnover of the acquired business operations gained through a concentration put into effect after the closing of the accounting period.
(4) From the turnover shall be deducted the turnover between a party to the concentration and an entity of foundation in such a relation to it as referred to under 11b(1) or (3).
Article 2
Change from sole control to joint control
If, as a result of a concentration, sole control that has prevailed in an entity or foundation changes to joint control, the founder of a joint venture thus established shall be considered anyone exercising joint control. The turnover of an entity or foundation that has been under sole control shall be included in the turnover of the founder of the joint venture who has exercised sole control.
Article 3
Changes in joint control
(1) If, as a result of a concentration,
1) joint control that has prevailed in an entity or foundation changes to sole control or
2) the one exercising joint control in an entity or foundation jointly controlled changes or the structure of control otherwise changes,
the acquirer of control shall be considered anyone remaining to exercise control after a concentration has been implemented.
(2) In the instances referred to in 3(1) above, the entity or foundation wherein control is exercised is considered to constitute the object of acquisition. The turnover of the entity or foundation which is considered the object of acquisition will not be included in the turnover of the parties remaining to exercise control therein.
Article 4
Division of turnover of joint ventures in certain cases
If a party to a concentration or an entity of foundation in such a relation to it as referred to under 11b(1) or (3) exercises joint control
1) with another party to the concentration or an entity of foundation in such a relation to it as referred to under 11b(1) or (3); or
2) with another entity or foundation;
the turnover of an entity or foundation jointly controlled shall be equally divided among all those exercising control.
Article 5
Calculation of turnover of entities or associations controlled by public-sector undertakings
To the turnover of the business operations of a public-sector undertaking and the turnover of an entity or foundation controlled by a public-sector undertaking shall be included the turnovers of the other business operations of the same public-sector undertaking and the entities or foundations controlled by the public-sector undertaking, provided that the public-sector undertaking co-ordinates their economic decision-making.
Article 6
Turnover in foreign currency
The turnover of a party to a concentration in other than euro currency shall be exchanged into euros according to the middle rate quoted by the European Central Bank corresponding to the relevant accounting period.
Article 7
Geographic allocation of turnover
The turnover accrued from Finland referred to in 11a(1) of the Act on Competition Restrictions includes the gross sales under (1) which have accrued from the sales of products or offering of services in Finland. Turnover shall be allocated according to the customer’s location by the time of the transaction. With respect to credit institutions, investment firms and other financial institutions, turnover shall include the income of the branch offices and units located in Finland in the manner prescribed in (8).
Article 8
Credit institutions and insurance companies
This decree applies, in relevant parts, to the calculation of the total amount of the income items of credit institutions, investment firms and other financial institutions; the gross premium written of insurance and pension institutions and the premium written of pension foundations referred to in 11a(2) of the Act on Competition Restrictions.
Article 9
Entry into force
This decree shall enter into force on 15 May 2004. This decree repeals the Decision of the Ministry of Trade and Industry on the Calculation of Turnover of a Party to a Concentration (498/1998) issued on 1 July 1998.
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