Insights/6 Feb 2016

Ilkka Aalto-Setälä: The Finnish Market Court avoids taking a stance on Posti’s allegedly discriminative practice: More work for civil courts?

The Finnish Market Court ruled in its decision 32/16 (dated 26 January 2016) that Suomen Suoramainonta had the right to appeal against the FCCA’s decision not to take further actions in the investigations regarding Posti’s alleged abuse of a dominant position.  The Finnish Market Court took a formalistic view on the right to appeal and concluded that the FCCA had investigated the matter sufficiently before closing its investigations. The Finnish Market Court did not investigate the subject matter (violation of competition law and Posti’s commitments to the FCCA).

The matter is pending also before the Helsinki District Court as a private enforcement dispute. Suomen Suoramainonta alleges that it has suffered from Posti’s discrimination.

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Ilkka Aalto-Setälä