This month, the two respective competition authorities in Finland and Sweden, the Finnish Competition and Consumer Authority (Kilpailu- ja kuluttajavirasto) and the Swedish Competition Authority (Konkurrensverket), have engaged in a coordinated effort to investigation the existence of a cartel between companies operating in the wild berries sector.
In Finland, the Finnish Competition and Consumer Authority (Kilpailu- ja kuluttajavirasto) carried out what it calls ‘inspections’ on a number of unnanounced visits – known in EU law as ‘dawn raids’ – of some companies operating in the wild berries sector. In Sweden, the Swedish Competition Authority (Konkurrensverket) also conducted a number of dawn raids at similar companies that deal in the wild berries sector.
The authorities is of the view that there is reasonable suspicion that some companies in which dawn raids have been conducted may have coordinated their purchase and sale prices in a manner that is incompatible with fair competition. It other words, there is suspicion that uncompetitive practices, in the form of a cross-border cartel, is in place.
The cartel is suspected of have a concerted practice in place for the purchase of wild berries from pickers (purchase price), as well as the sale of wild berries onwards into the consumer sector (selling price).
Before conduct a dawn raid, authorities must make an application to a designated national court, which must approve a dawn raid. In Sweden, the designated national court is the Patent and Market Court (Patent- och marknadsdomstolen) that sits within the Stockholm District Court (Stockholms tingsrätt).
Both Finnish and Swedish authorities will continue their investigations in the sector, before deciding on what course of action to take.
More on the Finnish investigation can be read here, and more on the Swedish investigation can be read here.