10.1.2017

My Business Partner’s Business – Not My Business?

One of the unchangeable constants in global business is the undisputed goal of making a profit. It is stated in legislation and statutes, it drives investments, strategies and, most importantly, everyday business. But can profits be generated by any means necessary without knowing who you are dealing with?

Knowing your business partner – whether it is your supplier or your client – is crucial for your company’s success today. If you disagree, you are free to put your company’s reputation in the line of fire, but you should at least be aware that the potential legal consequences are severe. Let me elaborate a bit more.

 

The Law Sets the Bar

First of all, we have a bunch of legislation in place both domestically in Finland and internationally that requires you to check the backgrounds of your business partners. Business deals that look good on paper may actually be illegal.

When the Law Remains Silent

What if the law does not require you to do a background check of your business partner? Should you still conduct one or just chase the biggest sales and profit figures of the quarter?                                

There is no one-size-fit-all solution to this question. However, I urge companies to seriously consider taking into account the reputation of their company in the long-run and stakeholder expectations for overall responsible business conduct. It comes down to the management to draw the line with respect to how they want profits to be generated and business to be conducted.

Business partner background checks can be necessary even in the Nordic context. When carrying out these kinds of checks, we have come across, e.g. links to financing for jihadists and the mafia. In addition, one interesting case involved what is called a ‘vanishing company’, which is a company that collects money from the public and then vanishes. The direct benefit of these background checks is, of course, peace of mind for management, who can be confident they know who they are dealing with.

Strengthen Your License to Operate

What is different from the past is how and where your profits can be made while still maintaining your sustainability license to operate. Risky scenarios should be always identified and mitigated.

If needed, companies should have the courage and business incentive to call off the deal if necessary to safeguard the company’s long-term reputation and sustainable sources of business profits. Your business partner’s business is, therefore, unavoidably also your business concern.

Latest references

We successfully advised the Finnish Broadcasting Company, Yleisradio Oy, and its Editor in Chief in a defamation case before all levels of the Monegasque judiciary. The case concerned four articles published by Yleisradio in 2022, two of which were in Finnish and two in English. The counterparty was of the opinion that the claims made in the articles violated his honour and brought defamation charges against Yleisradio and its Editor in Chief in Monegasque courts. In addition, he claimed damages totalling EUR 100,000 and demanded the removal of all allegedly defamatory content under penalty of a fine. We challenged the jurisdiction of the Monegasque courts in the matter, as the articles were not directed at a Monegasque audience and, contrary to what the counterparty claimed, jurisdiction could not be based solely on the fact that the articles were published in English on the internet where they were available for all and could be translated into French using a browser functionality. Furthermore, we presented comprehensive arguments stating that the facts presented in the articles were truthful, presented in good faith as required by Monegasque legislation, and based on thorough research. We also highlighted that the counterparty’s actions constituted so-called forum shopping, i.e. the desire to have the case heard in a court he believed would be most favourable to him. The claim was heard by all three levels of Monegasque courts, as the counterparty appealed the judgments of the lower courts. The courts of first and second instance had deemed that the Yleisradio articles in question were not directed at a Monegasque audience, and the Monegasque courts were therefore not competent to hear the case. The Supreme Court of Monaco (Cour de Révision) stated that there were no grounds to link the allegedly defamatory claims to the country. Even though it was possible to access the online articles from Monaco as well, this did not mean that the articles were published in Monaco. This being the case, the Supreme Court of Monaco deemed that the local courts did not have jurisdiction to rule on the case and dismissed the counterparty’s appeal against the Court of Appeal’s decision. The Supreme Court’s decision is fundamental in upholding the freedom of expression in Europe. The opposite outcome would have encouraged similar intimidation lawsuits in countries favourable to the plaintiff, with the purpose of restricting dialogue and silencing critical voices. The unpredictability of judicial power and the risk of extensive – and expensive – trials could create an atmosphere of fear and increase self-censorship of those exercising their freedom of expression, especially journalists, other media professionals and researchers. The decision also reinforces the principle that forum shopping is not allowed. The Supreme Court’s decision is final. 
Case published 17.6.2025
We advised the Ilkka Paananen Foundation on a legal review relating to the use of a chatbot system utilising generative artificial intelligence.  The AI system provides conversational support to young people experiencing mental health issues and various life crises.  Our advice covered the AI Act, which regulates advanced AI systems, as well as data protection and other relevant local legislation.
Case published 16.6.2025
We are assisting eQ Commercial Properties Fund in the sale of a fully let property to Logistea AB (publ), with an underlying property value of EUR 25 million. The property is transferred through the sale of the shares in the property-owning company Kiinteistö Oy Hämeenlinnan Länsiportintie 15. Logistea is a Swedish real estate company focusing on warehousing, logistic and light industrial properties, and its shares are listed on Nasdaq Stockholm. The property was built in 2012, and it is located in Hämeenlinna. The property has a total lettable area of approximately 21,700 square meters and the entire property is leased by Faerch Finland Oy, a fully owned subsidiary to Faerch A/S which is a leading provider of sustainable, circular food packaging solutions.
Case published 5.6.2025
We advised Gasum when it acquired 100% of the shares in NSR Biogas AB and the remaining 1/3 of the shares in Liquidgas Biofuels Genesis AB. Gasum has already been the majority owner of Liquidgas Biofuels Genesis AB since 2023 and is now acquiring full ownership. Gasum is a Nordic gas sector and energy market expert. Gasum offers cleaner energy and energy market expert services for industry and for combined heat and power production as well as cleaner fuel solutions for road and maritime transport. The company helps its customers to reduce their own carbon footprint as well as that of their customers.
Case published 5.6.2025