Advanced Search

The Law On Competition And The Kuluttajavirastosta

Original Language Title: Laki Kilpailu- ja kuluttajavirastosta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the Competition and Consumer Agency

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

Provisions concerning the Agency for Competition and Consumers

ARTICLE 1
Industry

Competition and consumer policy, ensuring the functioning of the market, competition law (198/2011) And the implementation of the EU competition rules, as well as the consumer's economic and legal status, is the Competition and Consumer Agency. The Competition and Consumers' Office has a consumer ombudsman.

ARTICLE 2
Tasks

Agency for Competition and Consumer Protection:

(1) submit proposals and initiatives to promote competition and to dismantle anti-competitive provisions and regulations, and to develop consumer policy and consumer protection;

(2) carry out the tasks set out in the competition law and monitor compliance with decisions taken under the Competition Act;

3) to promote and implement consumer information and education;

(4) carry out studies, surveys and comparisons related to its activities;

(5) carry out other tasks assigned to it or assigned to it.

The regulatory supervisory tasks of the consumer ombudsman shall be laid down separately. The Consumer Ombudsman may submit proposals and initiatives to amend the legislation in order to remedy the shortcomings identified in its supervisory activities.

The tasks of the Competition and Consumer Protection Agency may be laid down in more detail by a decree of the Government.

ARTICLE 3
Governance and resolution

The Competition and Consumer Agency is headed by a Director-General appointed by the Council of State. The Executive Director shall be responsible for the development and effectiveness of the Agency's activities and the achievement of the objectives.

In addition, the Competition and Consumer Agency has two overheads appointed by the Council of Ministers, one of which is responsible for the area of responsibility for competition and the other for consumer concerns. The Director-General for Consumer Affairs acts as a consumer ombudsman.

The Executive Director shall decide on matters to be settled by the Competition and Consumer Agency, unless they are laid down or laid down in the Rules of Procedure to be settled by another official.

The Executive Director shall adopt the Rules of Procedure of the Competition and Consumer Agency.

The Executive Director may, in an individual case, take a decision under which the Rules of Procedure would otherwise have to be settled. The Executive Director shall not be able to decide on the control issues set out in the Consumer Ombudsman.

More detailed provisions on management and decision-making may be adopted by a Council regulation.

§ 4
Independence of supervisors

The supervisory activities of the Competition and Consumer Agency shall be organised in such a way as to ensure that the independence and impartiality of the Agency and of the consumer ombudsman in the exercise of their supervisory functions is safeguarded, both in competition cases and in consumer affairs.

§ 5
Advisory Board

The Competition and Consumer Agency may have a negotiating body set up by the Ministry of Employment and the Economy.

The functions and composition of the Advisory Board may be laid down by a decree of the Council.

ARTICLE 6
Obligation to provide information

The trader shall be obliged to provide information on the retail selling prices of consumer goods and consumer services to the Competition and Consumer Agency for the purposes of the studies, studies and comparisons referred to in Article 2 (1), and Information for the supervisory tasks referred to in Article 2 (2). The Competition and Consumer Agency may also provide information to the regional administrative agencies.

A periodic penalty payment may be imposed by the Competition and Consumer Agency and the Consumer Ombudsman. The imposition and sentencing of a periodic penalty payment shall be laid down in the (1113/1990) .

§ 7
Priorities for the tasks

In particular, consumer affairs and consumer ombudsmen in the Competition and Consumer Protection Agency shall act in sectors which are of significant importance to consumers or which can be expected to have the most frequent problems in the consumer's position.

Chapter 2

Specific provisions for the consumer agent

§ 8
Right of access

The consumer shall have the right to carry out an inspection at the premises of the trader if the audit is necessary for the cooperation of the national authorities responsible for the enforcement of consumer protection laws (" the Regulation on consumer protection "), in order to clarify or eliminate the intra-Community infringement referred to in Regulation (EC) No 2006/2004 of the European Parliament and of the Council However, the inspection shall not be carried out in the premises used for a permanent residence.

The police shall assist the Consumer Ombudsman in carrying out the inspection referred to in paragraph 1.

§ 9
Consumer Ombudsman's duty to negotiate

In the case of an unlawful measure taken by the trader, the consumer ombudsman shall seek to induce the trader voluntarily to renounce it. Where appropriate, the consumer ombudsman shall take the necessary coercive measures or bring the matter before the Court.

ARTICLE 10
Prohibition by the Consumer Ombudsman

Where a consumer agent is entitled under other law to prohibit the unlawful conduct, the prohibition shall be imposed or given as temporary as provided for in this paragraph.

The Consumer Ombudsman may impose a prohibition on a case which is not relevant for the purposes of the application of the law or otherwise significant. The prohibition shall lapse if, within a period of at least eight days'time, the prohibition on the imposition of the prohibition shall be communicated to the Commission in writing or in the Competition and Consumers' Office orally.

If the procedure referred to in paragraph 1 is subject to the procedure referred to in paragraph 1 or the rapid effect of the procedure or any other special reason, it may be prevented as a matter of urgency. Within three days of the date of adoption of the market law, the consumer ombudsman shall be subject to a temporary prohibition order, otherwise the prohibition shall lapse.

The Consumer Ombudsman may impose a penalty payment on the ban. The judgment on the imposition of a penalty payment is a matter of market law.

ARTICLE 11
Request for opinion

Before the consumer ombudsman determines the prohibition referred to in Article 10 or provides it as temporary or referred to a market law, he or she shall request the opinion of the Financial Supervisory Authority in the case of:

1) Financial supervision law (878/2008) The supervision of the financial supervision, the foreign supervision or its branch or the foreign insurance intermediary referred to in Article 45;

2) securities markets (445/1989) The marketing of the securities referred to.

Securities market L 495/1989 Has been repealed by the Securities Market 746/2012 .

ARTICLE 12
Decision-making

In cases where the practice of application of the law has been established, the consumer Ombudsman may delegate his/her authority to an official and to instruct his subordinate to exercise his or her powers or to assist the consumer in the court.

ARTICLE 13
Consumer assistance

The consumer agent may assist or order an official of his staff to assist the consumer in the performance of an individual case if it is important for the application of the law and for the general interest of the consumer, or if the trader does not comply with the The decision of the Consumers' Committee.

The consumer ombudsman may decide that, in the cases referred to in paragraph 1, the costs incurred by the consumer for the consumer or for his or her replacement shall be paid in full or in full by the Competition and Consumers' Office. Operating expenditure.

Where, in the case referred to in paragraph 1, the consumer's counterparty is unsuccessful in the proceedings, he shall be obliged to reimburse the State for reasonable costs incurred by the consumer on the same basis , as is the case for reimbursement of costs between the parties concerned.

ARTICLE 14
Group complaint

The Consumer Ombudsman may, on his own initiative, refer a case to the Consumer Committee as a group complaint, which falls within the competence of the Board and can be dealt with as a group complaint, as provided for by the Law on the Consumer Economy (10) Provides.

§ 15
Your group action

The consumer ombudsman may initiate collective action in the form of a group (444/2007) Details are provided.

ARTICLE 16 (17/05/1018)
Appeals appeal

The decision of the Consumer Ombudsman on a matter falling within the competence of the market law or relating to the assistance of the consumer referred to in Article 13, the lodging of a collective complaint within the meaning of Article 14 or an increase in the class action referred to in Article 15 shall not: Appeal against the appeal.

Any decision taken under this law may, unless otherwise provided for in the law, seek an appeal by the appeal to the administrative court, as in the case of the law on administrative law (18/06/1996) Provides. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

L to 1018/2015 Article 16 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 16
Appeals appeal

The decision of the Consumer Ombudsman on a matter falling within the competence of the market law or relating to the assistance of the consumer referred to in Article 13, the lodging of a collective complaint within the meaning of Article 14 or an increase in the class action referred to in Article 15 shall not: Appeal against the appeal. The appeal is otherwise in force, in the form of a law on administrative law (18/06/1996) Or any other law.

Chapter 3

Entry into force

§ 17
Entry into force

This Act shall enter into force on 1 January 2013.

This law repeals the Law on the Office for Competition (1988 TO 1988) And the Law on the Consumer Agency (1056/1998) .

ARTICLE 18
Transitional provisions

The Competition and Consumer Agency will continue the activities of the Competition Authority and the Consumer Agency. At the time of entry into force of this Act, at the time of entry into force of this Act, the pending cases and the existing commitments and agreements of the agencies, as well as the rights and obligations arising therefrom, shall be transferred to the Competition and Consumer Agency.

The reference in law or by a legislative act adopted under this law to the Act on the Competition Bureau and the Law on the Consumer Agency, after the entry into force of this Act, means a reference to this law. The reference to the Competition Bureau or the Consumer Agency, which is provided for by law or by a provision adopted pursuant to it, shall mean the entry into force of this Act to the Competition and Consumer Agency.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 108/2012 , TaVM 9/2012, EV 98/2012

Entry into force and application of amending acts:

7.8.2015/10:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014