Finland merger control
Produced in partnership with Roschier
Finland merger control

The following Competition practice note produced in partnership with Roschier provides comprehensive and up to date legal information covering:

  • Finland merger control
  • 1. There have been recent developments regarding the Finnish merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Finland?
  • 2. Under Finnish merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the FCCA?
  • More...

Finland merger control

A conversation with Ami Paanajärvi, partner, and Sari Rasinkangas, senior attorney in the Helsinki office of regional law firm Roschier Attorneys Ltd. on key issues on merger control in Finland.

NOTE–to see whether notification thresholds in Finland and throughout the world are met, see Where to Notify.

1. There have been recent developments regarding the Finnish merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Finland?

Finnish merger control rules are included in the Competition Act (No. 948/2011), which entered into force on 1 November 2011 repealing the Act on Restrictions on Competition (No. 480/1992). Merger control rules were first introduced in to Finnish competition legislation on 1 October 1998. The new Competition Act introduced some amendments to the merger control provisions, which mainly further harmonised the Finnish merger control rules with EU rules. The main amendments were the replacement of the dominance test with the SIEC test applied by the European Commission and certain amendments to the procedural rules to further align the merger control process with that of the European Commission.

Since the replacement of the dominance test with the SIEC test in connection with the reform of the Competition Act in late 2011, the Finnish Competition and Consumer Authority (FCCA) has increased the application

Related documents:

Popular documents