Finland's Kilpailu- ja kuluttajavirasto (Finnish Competition and Consumer Authority, "FCCA") has intensified its enforcement posture across 2024 and into 2025. Cartel investigations, market dominance probes, and merger notification scrutiny have all increased. International businesses operating in or entering the Finnish market face real exposure if their compliance programmes have not kept pace.
The FCCA is actively pursuing cartel conduct, abuse of market dominance, and failures to notify qualifying concentrations under Finnish competition legislation. Companies with turnover thresholds that trigger merger notification obligations must file before implementing a transaction. Penalties for non-compliance can reach a significant share of annual group turnover.
This alert explains what has changed, which businesses are in scope, and the five actions international companies should take without delay.
What the FCCA is targeting – and why it matters now
Finnish competition legislation closely mirrors EU competition rules, but enforcement is distinctly national. The FCCA operates independently of the European Commission for matters that do not cross EU-level thresholds. Three enforcement priorities have become prominent in the current cycle.
Cartel conduct. The FCCA has broadened the scope of its cartel investigations to include information-exchange arrangements between competitors. Under Finnish competition legislation, coordinated conduct that restricts price competition or divides markets is prohibited even when no formal agreement exists. The FCCA has made clear that industry associations used to circulate commercially sensitive data are within scope.
Abuse of market dominance. Companies holding a dominant position in a Finnish market face heightened scrutiny on pricing practices, exclusivity clauses, and refusals to supply. The FCCA does not require proof of intent – the effect on competition is the operative test. Businesses with strong positions in retail, logistics, energy, and digital services are particularly exposed.
Merger notification failures. The FCCA has signalled it will pursue gun-jumping – implementing a notifiable concentration before clearance – as a standalone infringement. Merger notification thresholds under Finnish competition legislation apply to transactions where the combined Finnish turnover of the parties exceeds the prescribed levels. International groups frequently miscalculate Finnish turnover when assessing whether notification is required.
The FCCA also participates in coordinated EU enforcement actions through the European Competition Network. An investigation initiated elsewhere in the EU can trigger parallel FCCA scrutiny of Finnish operations. For detailed advice on how these proceedings interact with corporate disputes in Finland, specialist counsel should be consulted early.
To receive an expert assessment of your competition exposure in Finland, contact us at info@ferrazwhitmore.com.
Who is affected – thresholds and business categories
The following categories of businesses face the most direct exposure under current FCCA enforcement priorities.
- Companies with Finnish market dominance – any business that holds a strong position in a defined Finnish product or geographic market, regardless of whether it is locally incorporated.
- Parties to concentrations meeting Finnish turnover thresholds – acquirers and targets where the combined Finnish revenues of the merging parties reach the notification trigger under Finnish competition legislation.
- Trade association members – industry bodies or member companies that exchange pricing, output, or customer data through association channels.
- Distributors and franchise networks – arrangements containing resale price maintenance, territorial restrictions, or exclusivity terms that may restrict competition in Finland.
- Digital platform operators – companies providing intermediation services, search, or data services in Finland, where self-preferencing or access restrictions may constitute abuse of dominance.
Subsidiaries of international groups are not exempt simply because the parent group lacks a Finnish headquarters. Finnish competition legislation applies based on effects in the Finnish market. A foreign company that sells into Finland, licenses to Finnish distributors, or participates in a Finnish merger is within scope.
The leniency programme available under Finnish competition legislation offers full or partial immunity from financial penalties. Companies with knowledge of a cartel that have not yet been investigated should assess their position immediately. Delay forfeits priority – the first applicant obtains the most favourable treatment.
Immediate actions for international companies
The following five steps reflect the actions that competition counsel routinely advise at this stage of an enforcement cycle.
1. Audit information-sharing practices. Review all industry association memberships and any channels through which pricing, capacity, or customer data is shared with competitors. Suspend any exchange that cannot be demonstrated to serve a legitimate, pro-competitive purpose.
2. Assess merger notification obligations before signing. For any transaction involving Finnish assets or Finnish turnover, calculate notification thresholds under Finnish competition legislation before executing the purchase agreement. Gun-jumping exposure arises at the moment of implementation, not at closing.
3. Review dominance risk. If your business holds a strong position in any Finnish product or geographic market, commission a dominance review covering pricing, supply terms, and exclusivity arrangements. The FCCA uses market share as a starting indicator but assesses structural factors beyond it.
4. Evaluate leniency eligibility. If internal review reveals conduct that may constitute a cartel infringement, assess whether a leniency programme application is viable. The window for first-in immunity is time-sensitive and closes once the FCCA opens a formal investigation.
5. Update compliance training. Finnish and EU competition rules require active, documented compliance programmes. A paper policy alone is insufficient. Regulators treat the absence of effective training as an aggravating factor when calculating penalties.
For a tailored strategy on competition compliance in Finland, reach out to us at info@ferrazwhitmore.com.
International companies seeking broader support across Finnish legal matters can also review our competition law services in Finland. For comparative context across European enforcement developments, our alert on competition enforcement in Portugal sets out parallel trends in another EU civil law jurisdiction.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our competition law practice supports international companies on FCCA investigations, merger notification procedures, leniency programme applications, and dominance assessments in Finland and across Europe. The firm's team combines Portuguese civil law expertise with English common law tradition – an advantage when competition enforcement spans multiple legal systems. As an international law firm operating across Europe, we regularly advise clients who need a lawyer in Finland with cross-border experience. Our attorneys have advised on competition matters before national competition authorities and in coordination with EU-level proceedings. To discuss your situation in Finland, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.