Roschier acted for Eltel in the power line transmission case
The Finnish Supreme Administrative Court has handed down a long-awaited ruling answering the question as to when anti-competitive behavior is considered to have ended and thus, confirming the Market Court’s judgment that the Finnish Competition and Consumer Authority’s (FCCA) proposed fine of EUR 35 million was time-barred.
The Supreme Administrative Court sought guidance on the interpretation of Article 101 of the Treaty on the Functioning of the European Union, and its subsequent judgment has drawn EU-wide interest, with four EU Member States and the European Commission intervening in the preliminary ruling procedure.
In its 20 August 2021 ruling, the Supreme Administrative Court ruled that the alleged infringement had ended over seven years before the FCCA submitted its proposed fine to the Market Court. Accordingly, it confirmed the Market Court’s earlier ruling that the FCCA’s proposal was time-barred and ordered the FCCA to reimburse EUR 100,000 of the defendant’s litigation costs.
The Supreme Administrative Court’s judgment is final and cannot be appealed.
Find a more detailed report on the significance of the case here.