Finland’s Supreme Administrative Court has upheld the Finnish Market Court’s landmark ruling in the Fortum/E.ON Finland merger case. Having decided that the affected market for electricity generation and wholesale was at least as wide as to include Sweden as well as Finland, the Market Court had concluded that the transaction did not create or strengthen a dominant position. As a result, it had removed the conditions previously imposed by the Finnish Competition Authority to clear the merger. The Supreme Administrative Court has now confirmed the Market Court decision. RBB’s Simon Baker and Iestyn Williams appeared as expert witnesses for Fortum before the Market Court.
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