The Competition Authority has today published on its website Procedural rules on the appointment and duties of the supervisory body, i.e. independent experts or supervisory committees, appointed on the basis of settlements in cases before the Competition Authority. The publication of the procedural rules is a step towards further strengthening the framework for the activities of the supervisory authority and creating transparency regarding its role and responsibilities, as well as the responsibilities of the companies concerned.
In both domestic and foreign competition law, it is provided for that a competition investigation can be concluded by a settlement with the parties to the case. In merger cases, such settlements involve making specific changes to the merger in question or its effects, with the aim of preventing the negative competitive effects that would otherwise result from the merger. To facilitate compliance with such conditions, a special monitor is sometimes appointed in certain cases, often referred to as an independent expert or a monitoring committee. This is primarily done in larger cases or where the conditions are more complex. Such a monitor's role is to ensure that the company in question fulfils the conditions it has agreed to. There is a significant public interest in companies complying with conditions of this nature.
The procedures document sets out in more detail the procedures that have been followed to date, in particular the letter of understanding sent between November 2019 and February 2020 to companies required to appoint such supervisors.
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