As of 1 September 2013, the Finnish Competition Act has a new
addition—Chapter 4a. The purpose of the new chapter is to
improve competitive neutrality, i.e. equitable operating conditions
between public and private sector business activities.
Before the harmonization of the Finnish Competition Act with EU
provisions in 2004, the former Finnish Competition Authority (FCA)
had the possibility of intervening in anti-competitive behaviour in
public sector business activities on the basis of the Article 9 of
the old Act on Competition Restrictions. Article 9 was a general
provision concerning competition restrictions, but its
applicability was not limited to entrepreneurs and thus it could
also be applied to public sector operators. The redraft of the
Article 9 in 2004 attracted strong criticism from certain
quarters.
