Merger control

Under the Competition Act, mergers that meet specific turnover thresholds must be notified to the FCCA, and the merger must not be implemented until the FCCA has approved it.

Every year approximately 30 mergers are notified to the FCCA. After notification, the FCCA has 23 working days to analyse the transaction’s effects on competition during a Phase I investigation. Majority of all cases are resolved in Phase I. Mergers that may have adverse effects on competition are referred to an in-depth Phase II investigation, which may take 69 working days. At the FCCA’s request, the Market Court may grant an extension of no more than 46 working days.

The FCCA assesses whether proposed mergers significantly impede effective competition in the Finnish markets or a substantial part thereof. If a merger does not significantly lessen competition, it is approved unconditionally. If a merger would lead to significant impediment of effective competition, the merging parties may propose remedies that remove the impediment, allowing the merger to be cleared conditionally. If the merging parties do not propose suitable remedies the FCCA proposes the Market Court to prohibit the merger.