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Contrary to the recommendation of the Finnish Competition Authority (FCA), the Market Court has cleared the proposed acquisition of the asphalt paving business of Destia Oy and Destia Kalusto Oy by NCC Roads Oy, but with conditions. The court confirmed the FCA's view that the acquisition would lead to a joint dominant market position in the asphalt mix market in the capital area between the largest remaining contractors.
The Competition Authority has proposed that the Market Court prohibit NCC Roads Oy (NCC) from acquiring the asphalt paving business of Destia Oy and Destia Kalusto Oy. The authority considers that the acquisition would lead to a joint dominant market position in the capital region between the largest remaining contractors, NCC and Lemminkäinen Infra Oyj.
The Helsinki Court of Appeal recently had to decide whether pricing changes introduced by the Finnish Composers Copyright Society Teosto in 2006 were abusive. A group of hotel and restaurant businesses which were affected by the new pricing model had refused to pay Teosto's new prices and had instead paid a lower rate suggested by their industry association.
New Competition Act passed
Parliament has passed the new Competition Act. The changes to competition rules to be introduced by the new act are mainly procedural in nature: the new act will increase the prioritisation of cases, extend inspection rights and clarify the rules on infringement penalties, leniency and competition-related damages. The 'significant impediment of effective competition' test has also been introduced in relation to merger control.
The government bill for a new Competition Act which aims to increase the prioritisation of cases investigated by the FCA is expected to enter into force in the next few months. As a result, it would appear that private litigation is likely to play a bigger role in competition law disputes in the future, although it is uncertain whether the district courts are ready to handle complicated competition cases without the active involvement of the FCA.
