The Supreme Administrative Court (“SAC”) upheld the judgment of the Market Court finding that Suomen Numeropalvelu abused its dominant position in relation to the sale of subscriber information for the production of telephone directories. However, the SAC reduced the fine imposed on Suomen Numeropalvelu from EUR 100,000 to EUR 90,000 due to the duration of the court proceeding. The case concerned Suomen Numeropalvelu who refused to provide subscriber information to Eniro Finland as of October 2003. Suomen Numeropalvelu controls the sole national database of telephone subscriber information and Eniro Finland is hence dependent on Suomen Numeropalvelu in its directory services business. Suomen Numeropalvelu argued that Eniro Finland violated data protection legislation by offering a free search service of private citizens, without requiring Internet registration. However, the SAC upheld the Market Court’s decision that Suomen Numeropalvelu’s arguments were unfounded and that it had abused its dominant position by using business conditions which unreasonably restricted Eniro Finland’s operations, and restricted competition in the market for directory services. However in setting the level of the fine, the SAC considered the long duration of the court proceedings. The Finnish Competition Authority (currently Finnish Competition and Consumer Authority) had originally proposed that the Market Court imposes a fine on Suomen Numeropalvelu on 17 May 2005, and the Market Court had issued its judgment on 6 April 2009. The SAC concluded that due to the delays in the court proceedings, the fine was be reduced by 10,000 EUR. Source: The Supreme Administrative Court (www.kho.fi) 30/1/2013
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Supreme Administrative Court reduces fine imposed by Market Court on Suomen Numeropalvelu for abuse of dominant position
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