24.5.2016

Private Enforcement of Competition Law under Revision in Finland – Legislative Proposal Given to Parliament on 19 May 2016

On 19 May 2016, the Government gave a Government Proposal (HE 83/2016 vp) to Parliament proposing an Act on Actions for Damages on the Basis of an Infringement of Competition Law and an Act on Amending the Competition Act, by which the EU directive on antitrust damages actions will be implemented.

A working group appointed by the Ministry of Employment and the Economy published a report proposing amendments to legislation last year (see News bulletin on 3 July 2015).

As opposed to the report, the Government Proposal did not include a proposition on economic succession of liability for damage. As such, the proposed act does not include provisions stipulating, for example, that in a transfer of business, the purchaser would also be obligated to pay damages caused by the target of the acquisition in the period preceding the transaction if the purchaser was aware or should have been aware of the infringement. Economic succession of liability for damage, thus, will be governed by legal praxis.

Otherwise the Government Proposal’s contents mainly correspond to the report. The Government Proposal includes provisions on, among other things, presumption of harm for cartels, burden of proof for passing on overcharges and on the impact of leniency on limitation of joint and several liability and recourse liability. In addition, the proposed act would regulate the impact of an infringement decision on damages actions, interest, presenting evidence, the impact of settlement on actions for damages and limitation periods.

In the Government Proposal, the burden of proof is reversed with respect to cartels; a cartel is expected to have caused damage, unless otherwise proven by the party to the infringement. The presumption of harm would only apply to cartels and, for example, in cases concerning the abuse of a dominant position, the plaintiff must prove that the restriction of competition has caused damage.

The proposed limitation period in the Government Proposal is five years from the date when a claimant has become aware, or should have become aware, of the infringement, the damage and the party responsible. The five year limitation period is, however, suspended for the duration of an investigation by the competition authorities, until one year has elapsed from the issuance of a binding decision, as well as for the duration of settlement negotiations. The right to damages does not, however, become time-barred if proceedings are brought within one year from the issuance of a binding decision or within ten years from the day of infringement of competition law or the end of a continued infringement. The party suffering damage may invoke the longest limitation period. Interruption of the limitation period must in all cases be done by instituting proceedings.

The amendments to the Competition Act only concern additions of terms due to the proposed Act on Actions for Damages on the basis of an infringement of competition law.

The acts are to enter into force on 26 December 2016.

The Government Proposal can be read here (only in Finnish and Swedish).

 

For more information, please contact:
Sari Hiltunen
Hannele Huimala
Salla Mäntykangas-Saarinen

Latest references

We acted as legal advisor to eQ Fund Management Company Ltd in a structural arrangement in which Special Investment Fund eQ Residential Fund and Special Investment Fund eQ Residential Fund II transferred their assets to the newly launched Special Investment Fund eQ Residential Fund III. In connection with the arrangement, eQ Residential Fund III raised 37 million euros in new capital, and its fundraising will continue throughout 2025.  The portfolio of eQ Residential Fund III consists of 19 residential properties completed between 2021 and 2024, comprising nearly 1,400 apartments located in the Helsinki Metropolitan Area, Turku, and Tampere.
Case published 21.5.2025
We assisted eQ Community Properties Fund in the sale of two healthcare properties to a fund managed by Northern Horizon. The properties have a total floor area of approximately 3,500 square meters. The two properties are located in Espoo and Lahti. The Espoo asset was completed in 2018 and the Lahti asset was completed in 2023. Both assets are operated by Attendo, the leading care provider in the Nordic region.
Case published 9.5.2025
We successfully represented BMW in an exceptionally long dispute over whether the spare rims sold by the defendant and the hub caps included in them infringed BMW’s trademark and design rights. The Market Court found that the sign used by the defendant caused a likelihood of confusion with BMW’s trademarks. The defendant had used the sign on the hub caps and in the marketing of the hub caps and rims, leading the Market Court to find that the defendant had infringed BMW’s trademark rights. The defendant admitted to infringing BMW’s Community design but denied the related injunction claim. However, the Market Court found that there was no particular reason to refrain from issuing an injunction. The Market Court prohibited the defendant from continuing to infringe BMW’s trademarks and Community design and ordered the defendant to alter or destroy the products and marketing materials that infringed BMW’s rights. Furthermore, the Market Court ordered the defendant to pay BMW EUR 70,000 in reasonable compensation and EUR 80,000 in damages for the trademark infringements, as well as EUR 7,000 in reasonable compensation and EUR 8,000 in damages for the design right infringement. The amounts can be considered exceptionally high in Finland. Additionally, the Market Court ordered the defendant to pay a significant portion of BMW’s legal costs with interest on late payment. In its decision of 11 March 2025, the Supreme Court of Finland did not grant the defendant leave to appeal, and also decided that there was no need to seek a preliminary ruling from the Court of Justice of the European Union. Thus, the Market Court’s judgements (MAO:494/18 and 517/2023) are final. In addition to the main dispute, BMW demanded in a separate proceeding that one of the defendant’s trademark registrations be revoked. A total of three separate legal proceedings were conducted in the Market Court regarding the revocation. The defendant’s trademark registration was ultimately revoked.
Case published 9.5.2025
We are advising DNA Plc in brand protection and intellectual property enforcement matters globally. Our intellectual property team manages DNA’s global trademark portfolio, including registration, prosecution, opposition and enforcement. We also advise DNA in questions concerning consumer and marketing law, unfair competition, social media, domain names and cybersquatting. DNA Plc is one of Finland’s leading telecommunication companies. DNA offers connections, services and devices for homes and workplaces, contributing to the digitalisation of society. The company has approximately 3.7 million subscriptions in its fixed and mobile communications networks. In 2024, DNA’s total revenue was EUR 1,100 million, and the company employs about 1,600 people around Finland. DNA is part of Telenor Group.
Case published 7.5.2025