Supreme Administrative Court Upholds €600,000 Penalty on Valio for Merger Breach
The Supreme Administrative Court has confirmed a €600,000 penalty on Valio for failing to comply with merger conditions related to the acquisition of Heinon Tukku.
18.01.2026 | Finnish Competition and Consumer Authority
The Supreme Administrative Court (SAC) ruled on January 16, 2026, that Valio's penalty of €600,000, imposed by the Market Court, should remain unchanged. This decision came after the Finnish Competition and Consumer Authority (FCCA) sought to increase the penalty due to Valio's breach of conditions set during the approval of its acquisition of Heinon Tukku.
In 2021, the FCCA conditionally approved Valio's acquisition of Heinon Tukku, a foodservice wholesale company, under the condition that Valio would protect competitors' confidential pricing information. This was crucial to prevent Valio from gaining an unfair advantage in pricing its products.
However, in late 2022, Valio reported a breach in its IT system that allowed access to competitors' pricing information for several months. The FCCA proposed a €900,000 fine for this breach, but the Market Court ultimately imposed a lower penalty of €600,000, citing a narrower interpretation of the breach.
The FCCA appealed this decision, but the SAC upheld the Market Court's ruling, emphasizing that the obligation to protect pricing information was directed only at Valio's employees and not at those of Heinon Tukku until after the merger was fully implemented.
This case underscores the complexities and uncertainties surrounding behavioral commitments in merger approvals, highlighting the need for clear conditions to address competition concerns effectively.
