Sustainability and Competition Global Practice Guide |
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Finland |
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(Europe)
Firm
Roschier, Attorneys Ltd.
Contributors
Ami Paanajärvi |
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| Are ESG measures/sustainability agreements included in your jurisdictional competition regime? | There are no specific provisions on ESG measures or sustainability agreements in place in the Finnish Competition Act (948/2011). However, Section 6 of the Finnish Competition Act is aligned with Article 101(3) of the Treaty on the Functioning of the European Union ("TFEU"). Thus, the said exemption rule can be applied to national ESG measures similarly when the ESG measures provide a sufficient level of efficiency gains in the Finnish market. |
| If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022? | Not at the moment. |
| Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct? | No. However, the Finnish Competition and Consumer Authority ("FCCA") has supported EU-wide guidance provided by the European Commission on the topic. |
| Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG? | The FCCA has given general guidance on the application of competition rules to collaboration through trade associations. However, this guidance does not address ESG collaboration. |
| Can parties seek specific guidance from authorities on proposed ESG initiatives? | Yes. Parties can, under the Finnish Administrative Procedure Act (434/2003), seek guidance from the FCCA when they are unsure whether their proposed ESG initiatives comply with the Finnish Competition Act. |
| How, if at all, does your jurisdiction quantify or calculate the ESG effects? | There are no specific rules on how to quantify or calculate the ESG effects in Finland, as the Finnish Competition Act does not cover ESG matters. There are also no precedents regarding quantifying ESG effects in Finland. |
| What does your legal authority currently permit even if your agency is not yet active on this topic? | ESG measures are evaluated based on general competition rules since the Finnish Competition Act does not specifically address ESG measures or sustainability benefits. |
| Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description. | At the moment, there are no such precedents in Finland. |
| Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation? | No. |
Sustainability and Competition Global Practice Guide
There are no specific provisions on ESG measures or sustainability agreements in place in the Finnish Competition Act (948/2011). However, Section 6 of the Finnish Competition Act is aligned with Article 101(3) of the Treaty on the Functioning of the European Union ("TFEU"). Thus, the said exemption rule can be applied to national ESG measures similarly when the ESG measures provide a sufficient level of efficiency gains in the Finnish market.
Not at the moment.
No. However, the Finnish Competition and Consumer Authority ("FCCA") has supported EU-wide guidance provided by the European Commission on the topic.
The FCCA has given general guidance on the application of competition rules to collaboration through trade associations. However, this guidance does not address ESG collaboration.
Yes. Parties can, under the Finnish Administrative Procedure Act (434/2003), seek guidance from the FCCA when they are unsure whether their proposed ESG initiatives comply with the Finnish Competition Act.
There are no specific rules on how to quantify or calculate the ESG effects in Finland, as the Finnish Competition Act does not cover ESG matters. There are also no precedents regarding quantifying ESG effects in Finland.
ESG measures are evaluated based on general competition rules since the Finnish Competition Act does not specifically address ESG measures or sustainability benefits.
At the moment, there are no such precedents in Finland.
No.