In recent years, the Finnish Competition and Consumer Authority (FCCA) has intensified its scrutiny of cooperation practices across various sectors, including influencer marketing, elderly care services and, most recently, the asphalt industry. This heightened focus has led to the deployment of formal investigative powers through unannounced inspections – commonly known as "dawn raids" – at companies suspected of violating competition rules.

The FCCA's most recent enforcement action took place in May and June 2025, targeting companies active in the asphalt market. What makes this investigation particularly noteworthy is the extension of inspections beyond traditional business premises to include private residences of certain individuals – a development that signals the evolving nature of competition enforcement in the modern workplace.

The growing trend of residential inspections

The asphalt investigation represents part of a broader enforcement evolution occurring across Europe. Inspections at non-business premises have become increasingly common, reflecting the fundamental shift in how and where business is conducted. The rise of hybrid working arrangements has created new enforcement challenges as the traditional boundaries between personal and professional spheres continue to blur. Business communications now routinely occur on personal devices, and strategic decisions may be made in home offices rather than corporate boardrooms.

In Finland, the FCCA possesses the authority to conduct inspections at non-business premises, provided specific conditions are met:

• Reasonable suspicion of competition law violation
• Relevant evidence is likely to be found at the private residence
• Prior authorisation from the Finnish Market Court

The Finnish Market Court plays a crucial gatekeeping role, evaluating both the proportionality and necessity of the FCCA's request before granting permission for residential inspections. This judicial oversight aims to ensure that enforcement powers are exercised appropriately and that privacy rights are adequately protected.

Scope and limitations of private inspections

When conducting residential inspections, the FCCA focuses on business-related materials that may be found in private homes. This typically encompasses business documents and records kept at home, electronic devices containing work communications – including personal devices used for professional purposes – and materials stored in home offices.

However, these inspections operate within strict boundaries designed to protect individual privacy. The FCCA must confine its examination to business-related materials only, ensuring that personal and family documents remain protected from scrutiny. The principle of proportionality governs these inspections, requiring authorities to minimise privacy intrusion whilst still achieving their investigative objectives.

Importantly, individuals subject to residential inspections retain the same procedural rights as those available during traditional business premise inspections, including the right to legal representation throughout the process.

The FCCA typically extends inspections to private premises in several key scenarios:

• Senior executives working from home – where key strategic decisions may be documented in home offices
• Business communications on personal devices – reflecting the reality of modern communication practices
• Home offices of key decision-makers – particularly relevant for smaller companies or during remote working periods
• Evidence of cartel meetings at private residences – where informal gatherings may have facilitated anti-competitive agreements

Preparing for the new reality

The expansion of dawn raids to private residences underscores the need for companies to reassess their compliance strategies. Traditional dawn raid protocols, focused solely on business premises, are no longer sufficient in today's hybrid working environment.

Companies should consider updating internal protocols to address remote working scenarios, training employees on the implications of using personal devices for business communications, reviewing document retention policies for home-based workers, and establishing clear guidelines for business meetings in private settings.

For more information, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis.

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Our Helsinki team is organising a comprehensive seminar for in-house lawyers navigating the evolving landscape of competition law enforcement. Drawing on recent experience assisting in an EU dawn raid, our experts will outline the key differences between Finnish and EU inspection practices.

What you'll learn:

• Key differences between European Commission and FCCA inspections – and how to prepare for both
• Core components of an effective, realistic inspection action plan
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This hands-on session will equip you with the practical tools needed to protect your organisation in an era where competition enforcement increasingly extends beyond traditional business boundaries.

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