References/24 Mar 2016

Borenius successfully represented Destia Oy and Destia Rail Oy before Market Court in unfair-business-practice case

We successfully represented Destia Oy and Destia Rail Oy (”Destia”) in an unfair-business-practice case concerning whether Destia’s opposing party had acted inappropriately and in violation of good business practice by utilising Destia’s confidential tender document contents in its own tenders when the opponent participated in tender procedures.

The Market Court considered that Destia’s opponent had acted in violation of good business practice and inappropriately in terms of Destia when it attempted to gain benefit by using Destia’s tender document contents in tender quality assessments and in the actual tender procedures. These details can be seen to have created notable economic value for Destia considering the importance of the plans’ content in the tender quality assessments. The Market Court prohibited Destia’s opponent, on pain of fine, from continuing or revising the unfair business practice violating the Finnish Unfair Business Practices Act by using the detailed plans included in Destia’s tender documents. The Market Court decision shows that business secrets can be effectively protected in Finland. The case is final.

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Ben Rapinoja