Cartel regulation—Netherlands—Q&A guide
Cartel regulation—Netherlands—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Netherlands—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Netherlands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Stibbe—Floris ten Have; Kaj Privé

1. What is the relevant legislation?

The main source of Dutch cartel law is the Competition Act, which is inspired by the EU competition rules. The Dutch cartel prohibition is laid down in article 6 of the Competition Act and resembles article 101 of the Treaty of the Functioning of the European Union (the TFEU), except for the effect on interstate trade criterion. If the effect on interstate criterion is satisfied, both the Dutch and the EU cartel prohibition apply.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

The Authority for Consumers and Markets (ACM) is in charge of the public enforcement of the Competition Act. The ACM deals with both the investigation and the sanctioning of cartels. ACM decisions are subject to internal administrative review by an independent committee of the ACM and are subsequently open to appeal before the Rotterdam District Court and to further appeal before the Trade and Industry Appeals Tribunal.

In addition, the Minister of Economic Affairs and Climate (the Minister) can issue policy rules on

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