EU AND NATIONAL COMPETITION LAW

LMR has a leading competition law practice in Finland. LMR’s practice is also clearly one of the biggest competition law practices in Finland. LMR’s competition cases represent the full spectrum of both EU and Finnish competition law: merger control, cartel investigations, horizontal and vertical agreements, abuses of dominance, compliance programs and training, litigation, public procurement and state aid. LMR continuously represents also large international companies.

LMR has particularly strong experience in defending clients in cartel cases before both the European and Finnish competition authorities and courts, including some of the biggest cases ever. In connection with cartels, we also advise clients e.g. on leniency (i.e. immunity from fines or reduction of fines) applications to the European Commission and national competition authorities. For example, we have submitted the first ever leniency application in Finland and consequently obtained immunity from fines for our client.

In addition, LMR regularly advises both foreign and domestic clients on merger control and dominance related procedures and issues, whether European or national.

LMR’s competition lawyers have also carefully followed the fast developing area of private enforcement of competition rules (especially claims for damages) and have strong experience in litigation and arbitration. We have represented both claimants and respondents, as well as been arbitrators. We are currently defending a client in the largest ever competition law related damages case (indeed, a bundle of damages cases) in Finland.

As complying with competition law may be challenging, the risks of infringement are great, and the consequences of an infringement are increasing, we are constantly running and developing comprehensive competition law compliance programmes and training sessions for various clients. In addition to defending clients against allegations of infringement, we help clients to comply with, understand and benefit from European and Finnish competition laws.

LMR has a long experience in advising clients on public procurement procedures. We have advised numerous clients, both tendering entities and procurement units, in different stages of public procurement, from preliminary phases regarding preparations for the tender process to execution of the procurement decision and procedures before the courts.

As to state aid, LMR has been involved in several important cases, and our experts in this field have written two reports regarding Services of General Economic Interest to the Ministry of Employment and the Economy.

Due to LMR’s competition lawyers’ active involvement in the work of the Finnish government’s working group on amendments needed to the current Competition Act, they have an in-depth understanding of the working group’s 2009 proposal to enact a new Competition Act, which includes substantial changes compared to the current act. The new Competition Act is anticipated to enter into force in the first half of 2010.

Many of LMR’s competition lawyers have worked and studied also abroad, e.g. in the Competition DG of the European Commission, in the Brussels office of Freshfields Bruckhaus Deringer, at King’s College London, at Columbia University in New York etc. They are also frequent speakers and chairmen in conferences and seminars and have published books and articles on both EU and Finnish competition law.

LMR is regularly ranked a leading law firm in the area of competition law in Finland. All leading international ranking organizations and directories (Chambers and Partners, Global Competition Review, The Legal 500, PLC Which Lawyer, etc.) highly recommend LMR’s competition law practice. Global Competition Review has several times ranked LMR among the 100 leading competition law practices in the world in its annual GCR 100 publication, most recently in January of 2009. Also The European Legal 500 has continuously ranked LMR in the highest category in EU and Competition. In addition, other leading lawyer directories, such as Chambers Europe, the PLC Which Lawyer Yearbook and the Guide to the World’s Leading Competition and Antitrust Lawyers, continuously confer high rankings in the area of competition law on LMR.

Please find below more concrete information regarding the rankings:

• Ranked several times among the world’s 100 leading competition law practices, “Highly recommended”
  
  
  • GCR 100 – A guide to the world's leading competition law and economics practices (most recently in 2009)
    
    
  “LMR continues to represent some of the biggest corporate names in Finland.”
  
  
  • GCR 100 (2009)

  Top ranked in EU and competition (1st category) for several years

  • The Legal 500 EMEA (most recently in 2009)

   “…LMR Attorneys Ltd proves its top-tier status advising on numerous weighty matters.”

  • The Legal 500 EMEA (2008)

  Ranked several times a “leading firm” in Competition / European Law

  • Chambers Europe – Europe’s Leading Lawyers for Business (most recently in 2009)

  “With one of Helsinki’s biggest antitrust practices, this team of efficient and practical lawyers “clearly has the expertise and confidence to stand behind its decisions.””

  • Chambers Europe – Europe’s Leading Lawyers for Business (2009)

  Ranked several times a “leading firm” in Competition / Antitrust

  • Chambers Global – The World’s Leading Lawyers for Business (most recently in 2008 – at least for the time being the last time Competition / Antitrust was ranked in Finland in this publication)

  “The majority of antitrust and merger cases handled have an international element and clients and peers praise the lawyers’ “great international focus and understanding””

  • Chambers Global – The World’s Leading Lawyers for Business (2008)

   “Highly recommended” in Competition / antitrust several times

  • PLC Which Lawyer? Yearbook (most recently in 2009)

Here are some of our recent assignments:

• Representing Viasat Broadcasting/Modern Times Group, a leading international entertainment broadcasting group (Viasat Broadcasting is the largest free-TV and satellite premium pay-TV operator in Scandinavia and the Baltics), as intervener, in a merger control proceeding before the Finnish Competition Authority where TV4 AB from Sweden acquired C More Group AB, the owner of the Canal+ brands. This was a Phase II case, the then (i.e. in autumn 2008) first one in Finland since March 2007. Furthermore, the Phase II review period of max. 3 months was extended twice in this case by the Market Court at the request of the Finnish Competition Authority. These were the first times ever the Market Court (which replaced the Competition Council in 2002) extended a Phase II review period. On the last day of the extended review period, the Finnish Competition Authority cleared the acquisition, but not without numerous commitments. The case is ongoing in the Market Court as e.g. TV4 has appealed the decision of the Finnish Competition Authority. Some paths of the case went to the Helsinki Administrative Court and to the Supreme Administrative Court. This case is clearly one of the most interesting merger control case in Finland for a long time.
  

• Defending NCC Roads, a large Finnish road construction company and a subsidiary of the Swedish construction giant NCC AB, against cartel allegations before the Finnish Competition Authority, the Market Court and the Supreme Administrative Court, as well as in related procedures in the Market Court, Helsinki Administrative Court and the Supreme Administrative Court. This is to date the biggest cartel case ever in Finland. In its judgment in September 2009 the Supreme Administrative Court imposed fines to seven asphalt companies totalling approx. EUR 83 million. In its proposal in March 2004, the Finnish Competition Authority had proposed that fines totalling approx. EUR 97 million be imposed. The Market Court had fined less than 20 million in 2007. The case started already in 2002, moved to the Market Court in 2004, and to the Supreme Administrative Court in the beginning of 2008. The Supreme Administrative Court’s first ever oral hearing in a competition case was held in this particular case. Also, LMR represents NCC in the asphalt cartel case related damages cases, a number of which have been initiated in the Helsinki District Court since June 2008.
  

• Representing UPM-Kymmene, a major Finnish listed forest/paper industry company (and at the time Finland’s 4th biggest company), in a national cartel case before the Finnish Competition Authority and the Market Court, including submitting the first ever leniency application to the Finnish Competition Authority in 2004. The case is one of the two biggest cartel cases ever in Finland. In its proposal for fines to the Market Court in 2006 the Finnish Competition Authority proposed the second biggest fines ever (totalling approx. 50 million). At the same time the Finnish Competition Authority granted immunity from fines to our client, UPM-Kymmene. The case is now ongoing in the Market Court, which held the oral hearing in the spring 2009. The Market Court has indicated that it will try to hand down its decision in December 2009.
  
  
• Representing UPM-Kymmene, a major Finnish listed forest/paper industry company (and at the time Finland’s 4th biggest company), in an international cartel case, including the submission of leniency applications (immunity from fines) e.g. to the European Commission.
  
  
• Representing a major Finnish industry company in an international cartel case before the European Commission in Brussels. The client’s interest was at least millions of euros. The client received a Statement of Objections from the Commission and we attended the oral hearing in Brussels, but the Commission eventually decided not to fine our client. We consider this a rare and remarkable success.
  
  
• Representing Norilsk Nickel, the world’s largest producer of palladium and nickel, in obtaining the approval of the Finnish Competition Authority for its approx. CAD 6.8 billion (approx. EUR 4.4 billion) acquisition of LionOre Mining International Ltd., a Canadian producer of nickel intermediates.
  
  
• Representing HOK-Elanto Group, the buyer, a major Finnish retail and catering business group, and SOK Corporation, the seller, the largest Finnish retail and catering business group and Finland’s 6th biggest company, in a merger control procedure at the Finnish Competition Authority concerning the acquisition of assets of a large and well known department store (Sokos, Tapiola) in the Helsinki metropolitan area. The Finnish Competition Authority approved the acquisition without conditions in September 2008.
  
  
• Representing (in both merger control and M&A work) SOK Corporation, the largest Finnish retail and catering business group and Finland’s 6th biggest company, in its acquisition of the shares of a Finnish listed company. Although the horizontal concentration raised significant competition concerns in the consumer goods market, it was approved with conditions by the Finnish Competition Authority following a Phase II investigation. LMR successfully represented this client also in the Market Court in a case where an appeal by third parties was brought against the transaction. The Market Court dismissed the appeal as inadmissible, as argued by LMR.
  
  
• Representing Outokumpu, a major Finnish listed metal industry company and Finland’s 12th biggest company, in international competition cases before the European Commission and the Community Courts.
  
  
• Representing Powerwave Technologies, a Nasdaq-listed U.S. global supplier of end-to-end wireless communications solutions, in its acquisitions of wireless systems businesses of another listed U.S. company and a listed UK company. The Finnish Competition Authority cleared both of these acquisitions without conditions.
  
  
• " Representing and advising numerous clients, both possible dominant players as well as other market players, in dominant position related cases concerning e.g. price discrimination, excessive pricing, essential facility doctrine, rebate systems, predatory pricing, foreclosure and monopolies. The sectors in which our clients are active include e.g. energy, traffic, insurance, retail business, payment transactions, metal industry, sports and logistics.
  
  
• Representing and advising VR-Group (national railways) in numerous national and international merger control procedures and other competition law cases and issues
  
  
• Representing Ansaldo STS Sweden, a leading Scandinavian supplier in its field of activity, in a public procurement process before the Market Court against the Finnish Rail Administration concerning a framework agreement for procurement of railway signalling systems. The client’s direct interest was in the tens of millions of euros.
  
  
• Representing and advising numerous clients in different phases of public procurement procedures and before the Market Court and the Supreme Administrative Court. The fields of activity concerned have consisted of e.g. traffic, health care, construction, engineering and housing services.