On 9 August 2013, the President of Finland confirmed the amendment of the Finnish Competition Act adopted by the Finnish Parliament. A new chapter 4a has been included in the Finnish Competition Act which extends the Finnish Competition and Consumer Authority’s (“FCCA”) supervision powers over business activities of the public sector. The aim of the new chapter is to ensure that competition between companies in the public and private sectors is fair (in accordance with the neutrality principle). According to the Government Bill, if conduct of business activities by a municipality, a municipal federation or the state or an entity under the control of one of the foregoing would distort competition in the market or prevent the development of healthy competition, the FCCA can, primarily through negotiations strive to remove such distortion. If negotiations are not successful, the FCCA has the power to prohibit the conduct or impose obligations on the infringing party. The FCCA’s supervisory power does not cover statutory operations of municipalities, such as the authorities’ official actions and social security. The amendment will enter into force on 1 September 2013. Source: Finnish Competition Authority and the Act on amending the Competition Act (595/2013).
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Public sector business activities under the supervision of the Finnish Competition and Consumer Authority
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