The new European ECN+ directive entered into force at the beginning of last year. The goal of the directive is to strengthen and unify the powers of national competition authorities.
14.5.2020
Finnish Competition and Consumer Authority’s Powers Expanded – National Implementation of ECN+ Directive Moves Forward
Related services
In Finland, some of the requirements of the ECN+ directive were already incorporated into the new Competition Act, which entered into force on 17 June 2019. The Ministry of Economic Affairs and Employment set a committee to complete the implementation of the directive.
At the end of April, the committee published its report in which the committee proposes amendments to several of the Competition Act’s provisions as well as the addition of new provisions. The most significant amendments proposed relate to fines, structural remedies and closer cooperation among national competition authorities.
Amendments to Imposition of Fines
The committee proposed that the Competition Act be amended so that the FCCA could in future also propose fines and periodic penalty payments for procedural violations, such as, breaking a seal during an authority inspection.
According to the proposal, a procedural violation could lead to a maximum fine of one per cent of the global turnover of the company that committed the violation.
The ECN+ directive does not obligate Member States to review their fining policy with respect to fines imposed due to competition restrictions. In Finland, however, the committee was given the opportunity to also assess the predictability of the level of fines. The committee proposed adding more detailed provisions to the Competition Act concerning the assessment of the level of fines.
According to the proposal, the standard that the FCCA would use to assess the level of a fine for a competition restriction would, for the most part, correspond to the Commission’s fining guidelines. The standard would not, however be binding on the courts, which would maintain discretion in determining the amount of a fine.
Trade associations and their members need to take particular note that the ECN+ directive has significantly increased the severity of the consequences they face, as fines will in future be determined on the basis of the aggregate turnover of their member companies, and their members will ultimately be liable to pay the fines. Read more about the impact of the ECN+ directive on trade associations.
New Structural Remedies to Intervene in Competition Restrictions
In addition to amendments to fines, the committee report also includes a proposal for using structural remedies to end a competition restriction. Structural remedies mean, for example, imposing an obligation to divest an ownership stake in a competitor or dispose of a business unit.
The purpose of structural remedies is to maintain or reinstate competitive circumstances on a market. The report recognises that structural remedies are heavy and often irreversible, and as a result proposes that they could only be put into effect after a decision has become final.
Closer Cooperation between Competition Authorities
The committee report also proposes provisions that would enable closer cooperation between national competition authorities in the EU. The report proposes, for example, that an entirely new chapter be added to the Competition Act to ensure the notification of documents and the enforcement of sanctions on behalf of other national competition authorities across Members State borders.
Minority Opinions on Fines, Inspections and Interim Measures
Two minority opinions were published concerning the report. The Finnish Bar Association’s minority opinion criticises the provisions concerning fines for procedural violations as well as the standard for determining fines for competition restrictions. It also highlighted insufficient court oversight of FCCA inspections.
The Confederation of Finnish Industries and Suomen Yrittäjät submitted a joint minority opinion, which criticises, among other things, the fines imposed on associations of undertakings and the regulation of interim measures and also highlighted the need for effective advance competition advice.
Progress of Drafting
The national implementation of the directive must be completed by 4 February 2021. The goal of the Ministry of Economic Affairs and Employment is to publish the government bill concerning the amendments during mid-September. Stakeholder groups will have the opportunity to give statements on the bill before then.
Sari Hiltunen, Hanna Perikangas and Joona Havunen
Latest insights
Article published 2.12.2025 – Competition & Procurement
Sustainable Procurement: Legislative requirements and practical challenges
Article published 27.3.2024 – Corporate Crime & Internal Investigations
The best tender won – or did it?
Article published 13.3.2024 – Private M&A
Increasing control puts additional pressure on small and medium-sized mergers
Article published 9.1.2024 – Competition & Procurement
Reform of the act on openness – scope to be extended to contracting entities in more detail
Laura Vuorinen & Johanna Lähde
Johanna Lähde & Eveliina Tammela
Karlo Siirala & Jussi Nieminen
Johanna Lähde & Jenna Puschmann
Latest references
Nomios – Acquisition of Intragen Group
We advised Nomios, a portfolio company of the European growth buyout investor Keensight Capital, with its cross-border acquisition of Intragen Group, a leading European expert in digital identity and access management. The acquisition marks a major milestone in Nomios’ growth strategy and further strengthens its position as the global trusted partner for cybersecurity across Europe. Nomios is one of Europe’s leading providers of cybersecurity services. Keensight Capital is a European growth buyout investor with deep expertise in technology and healthcare.
Case published 17.11.2025
Ministry of the Environment – Report on the promotion of circular economy aspects in public procurement
Castrén & Snellman was commissioned by the Ministry of the Environment to carry out a study on how the Circular Economy Act could be used to promote circular economy aspects in public procurement. Our report provides valuable information to the working group tasked with preparing the new Circular Economy Act. The report includes an overview of relevant strategies, action programmes and policies, a look at relevant legislation and case law, an assessment of the current state of circular economy procurement and examples of integrating circular economy aspects into public procurement from around the world. We end the report with concrete conclusions and a proposal for a new circular economy provision with justification. The proposal aims to maximise the regulation’s effectiveness and minimise any adverse side effects. The final report is available on the Circular Economy Act project’s Gateway to Information (in Finnish). The study was carried out by Anna Kuusniemi-Laine, Sanna Aalto-Setälä, Lotta Huhtamäki, Marja Ollila, Laura Vuorinen, Paavo Heinonen and Anna Ylitalo.
Case published 11.11.2025
Stena Line – Acquisition of NLC Ferry (Wasaline)
We are acting as legal adviser to Stena Line on its acquisition of NLC Ferry Ab Oy (Wasaline), strengthening Stena Line’s position in the Baltic Sea and enabling it to take over operations of the ferry route between Umeå in Sweden and Vaasa in Finland. The acquisition further strengthens Stena Line’s position as one of the leaders in sustainability within the ferry industry and enhances the company’s access to alternative fuels whilst providing a strong intermodal transport link towards Gothenburg and Trelleborg, and onwards to the European continent. NLC Ferry, operating under the auxiliary name Wasaline, were owned by Kvarken Link, a company jointly owned 50/50 by the cities of Umeå and Vaasa. Wasaline is the world’s northernmost shipping company, operating daily passenger and freight services between Vaasa, Finland and Umeå, Sweden, and is the first carbon-neutral ferry operator in the Baltic Sea with its hybrid vessel, Aurora Botnia, which runs on biogas and batteries. Stena Line is one of Europe’s leading ferry operators, with 20 routes across the continent. The company is family-owned, was founded in 1962 and is headquartered in Gothenburg, with 6,550 employees and an annual turnover of 19.6 billion SEK. The transaction is conditional to the approval of the respective municipal councils of Umeå and Vaasa as well as customary closing conditions such as authority approvals. The completion of the transaction is expected to take place in the beginning of the year 2026. Castrén & Snellman is collaborating with CMS Wistrand, Stena Line’s advisor on Swedish law matters in connection with the transaction.
Case published 4.11.2025
Merger of Oomi and Lumme Energia
We are acting as the joint legal advisor to Oomi Oy and Lumme Energia Oy in a transaction whereby Lumme Energia will merge with Oomi. As from the completion of the merger, the combined entity will be the largest electricity retail and service company in the Finnish market. In 2024, Oomi reported a turnover of EUR 373.9 million and had approximately 110 employees. Lumme Energia’s turnover for the same year was approximately EUR 314.6 million and it had approximately 50 employees. The transaction is primarily driven by the recent developments in the electricity market and the strategic goal to develop competitive products and services. Another key objective is to further enhance the customer experience, which is a shared value between the two companies. As a result of the merger, Lumme Energia’s customers will transfer to Oomi, and Lumme Energia will become one of Oomi’s shareholders. The completion of the transaction is subject to an approval by the Finnish Competition and Consumer Authority.
Case published 29.8.2025