Legislative proposal: FCCA to assist the Commission in combating foreign subsidies distorting competition
On 13 September 2023, the Government submitted to Parliament a proposal to supplement national regulation so that it complies with the EU Regulation on preventing foreign subsidies distorting competition. The proposal would amend the Act on the Finnish Competition and Consumer Authority.
According to the proposal, the Finnish Competition and Consumer Authority (FCCA) will be given powers to conduct inspections in accordance with the EU Regulation in Finland at the Commission’s request and to assist the Commission in its inspections in Finland.
“It is important that the EU Regulation enables intervention on subsidies from non-EU countries that distort competition between companies operating in the EU. The Finnish Competition and Consumer Authority is a natural choice to assist the Commission in inspections carried out under the Regulation,” says Minister of Employment Arto Satonen.
Under the proposal, the FCCA would also act as the national contact point in situations where the Commission is not aware of which national authority or contracting entity the request for information should be addressed to. Notwithstanding secrecy provisions, the FCCA would have the right to obtain information from other national authorities and contracting entities in accordance with the Regulation and forward it to the Commission. In addition to the proposal, the FCCA would assist in certain matters related to the flow of information between the Commission and the Member State.
The European Commission applies the EU Regulation in force, which aims to enable more effective intervention in subsidies granted by third countries that distort competition and endanger a level playing field for companies in the EU internal market. The Regulation covers concentrations and public procurement procedures, and it gives the Commission extensive powers to investigate and request information.
The Act is set to enter into force as soon as possible. It is proposed that the provisions on inspections will apply from 12 January 2024.
Virve Haapajärvi, Senior Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 047 027
Sanna Nyyssölä, Senior Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 047 264
Olli Hyvärinen, Senior Ministerial Adviser, Ministry of Economic Affairs and Employment, P. +358 295 047 026
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