Tulikivi Corporation won over its competitor in the Market Court
We represented Tulikivi Corporation (”Tulikivi”) in a conflict concerning unfair business
practices against a competitor. The Market Court gave its decision on 8 March 2007. The competitor
appealed against the decision to the Supreme Court, which, however, did not give leave to appeal
and the decision of the Market Court gained legal force.
In its decision, the Market Court prohibited the competitor from using the following means in
the marketing of soft stone fireplaces with a threat of a fine of 50,000 euros:
- Comparative marketing or similar activities
- in which the heat resistance of soft stones is compared in conditions that are not relevant and significant for soft stone fireplaces produced by competitors,
- in which comparison of soft stones that are not used for the same purposes or needs, or
- which gives an impression that fireplaces produced with the respondent’s competitors’ soft stones are not heat-resistant, under conditions in which heat-resistance cannot be regarded as a relevant and significant feature in the use of the fireplaces.
- Misleading marketing or similar activities where the results of soft stone heat-resistance tests are presented without setting out facts that are relevant to the assessment of the heat-resistance described in the advert.
The prohibition was to be complied with as of 1 April 2007.
The decision of the Market Court corresponded significantly with the claims presented by
Tulikivi in the matter. The competitor was ordered to compensate Tulikivi for its legal expenses up
to 75,000 euros.
The listed family-owned company Tulikivi Corporation and its subsidiaries form the Tulikivi
Group that is the largest producer of accumulating fireplaces in the world. The Group is known for
its soft stone ovens and natural stone products as well as its Kermansavi ovens and ceramics. The
Group’s turnover exceeds 80 million euros, of which approximately half is attributable to export.
The Group has seven production plants and employs about 700 persons.
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