Muutoksenhaku kilpailuasioissa/EN
A two-tier route of appeal is available against FCCA decisions and Market Court rulings in competition matters, which differs significantly from ordinary administrative litigation.
- Mistä on kyse: Appeals against FCCA and Market Court rulings in competition matters are brought, at first instance, before the Market Court and, at second instance, before the Supreme Administrative Court (SAC).
- Miksi sillä on kaupallista merkitystä: The Market Court is a specialised court with deep expertise in competition law — this affects what kind of argumentation and evidence is worth using compared with ordinary administrative litigation.
- Mikä menee useimmin pieleen: In a competition matter, a Market Court decision is appealed to the SAC without leave to appeal — unlike in procurement matters, where leave to appeal is generally required. Confusing these two procedures is a common mistake, since the same Market Court handles both categories of case.
The Market Court as First Instance
[muokkaa]The Market Court acts as the first instance for FCCA proposals in both fine matters (section 12) and matters concerning the prohibition or dissolution of a merger (sections 25 and 29) — in these cases, the FCCA does not itself decide the matter but makes a proposal to the Market Court, which the Market Court then decides. In other competition-law decisions made by the FCCA itself (e.g. the dismissal of a request for action), the Market Court instead acts as the appellate instance. The Market Court's decision-making panel includes both legally qualified judges and expert members specifically appointed to the role of Market Court judge, reflecting the often strongly economic dimension of these matters.
The Supreme Administrative Court as Second Instance
[muokkaa]Under section 49b 49 b § of the Competition Act, a decision made by the Market Court under this Act may be appealed to the Supreme Administrative Court without leave to appeal. As an exception, however, no appeal may be brought against a Market Court decision where the matter concerns an extension of a time limit under section 26(2), the granting of inspection authority under section 36(5), or an interim order under section 45. A Market Court decision must be complied with despite an appeal, unless the SAC orders otherwise — except for decisions on structural remedial measures under section 9a and on fines under sections 12 and 37a, which may not be enforced before they become final.[1]
Note the sharp contrast with procurement matters: under section 165 of the Procurement Act (Finnish text), an appeal against a Market Court decision in a procurement matter may be brought to the SAC only if the SAC grants leave to appeal — see Self-Correction and Appeals in Procurement Matters.
Because the SAC always reviews an appeal in a competition matter in full, the process can genuinely continue through two instances — unlike in a procurement matter, where the vast majority of cases in practice stop at the Market Court's decision because of the leave-to-appeal threshold. In a competition matter, it is therefore worth preparing for the possibility that the opposing party will take the matter to the SAC even when the Market Court's decision looks clear-cut.
From an FCCA Decision to the Market Court
[muokkaa]Under section 49a 49 a § of the Competition Act, an appeal against a decision made by the FCCA under this Act is brought to the Market Court. Three exceptions are worth remembering: a decision issued by the FCCA under sections 9, 10, 11, 30c, 33 or 45 must be complied with despite an appeal, unless the Market Court orders otherwise; no appeal may be brought at all against the FCCA's decision to proceed with a further investigation under section 26(1) or against administrative assistance under section 37(5); and the notifying party to a merger may not appeal against a decision issued under section 25 to the extent it concerns conditions proposed and accepted by the notifying party itself.[2]
Appeals at EU Level
[muokkaa]An action for annulment against a decision of the European Commission (for example in a merger or cartel matter) is brought before the General Court of the European Union under Article 263 TFEU within two months of notification of the decision. The General Court's ruling may still be appealed to the Court of Justice, but the appeal is limited to points of law.
See Also
[muokkaa]- Fines in Competition Law
- Competition Law Assessment of Mergers and Remedies
- Fines in Competition Law
- Self-Correction and Appeals in Procurement Matters