Finnish Court Confirms FCCA’s Investigative Powers in Posti Abuse of Dominance Case

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In a decision issued on 9 December 2025, Finland’s Supreme Administrative Court clarified the scope of the investigative powers of the Finnish Competition and Consumer Authority (FCCA) in the context of competition law enforcement. The Court upheld earlier findings of the Market Court, confirming that the FCCA acted within the limits of the Competition Act when it ordered Posti Group Oyj to provide information requested as part of an ongoing investigation.

The FCCA is currently investigating whether Posti has abused a dominant position in the market. In the course of this investigation, the authority issued requests for clarification seeking information on acquisitions carried out by Posti in 2023. The authority considered the requested information relevant to assessing the competitive effects of Posti’s conduct.

Posti challenged the FCCA’s request before the Market Court, arguing that the authority had exceeded its investigative powers under the Competition Act by seeking information that was neither necessary nor essential for the investigation. According to Posti, the scope of the request went beyond what was required to assess the suspected infringement.

The Market Court rejected Posti’s appeal, holding that the FCCA is vested with broad powers to require information necessary to investigate potential restrictions of competition. It found that the information sought was appropriate and relevant to the ongoing investigation. The Market Court also emphasized that the ability of companies under investigation to comment on and respond to the authority’s requests is a key safeguard for their procedural rights.

Posti subsequently appealed to the Supreme Administrative Court. The Supreme Administrative Court upheld the Market Court’s judgment in full, confirming that the FCCA’s request fell within the authority’s statutory investigative powers. The Court also dismissed Posti’s claim for reimbursement of its legal costs.

The ruling reinforces the wide discretion granted to the FCCA in gathering information during competition law investigations and underscores the obligation of undertakings to comply with information requests that are relevant to the assessment of suspected anticompetitive conduct.