In order to protect honest competition, the Competitive Trading Act (Mededingingswet) was introduced in 1998, and supervision is conducted by the Consumer and Market Authority (“ACM”) on compliance with the competition rules.
Competition law sets out limits to cooperation between businesses and prohibits cartel forming and abuse of economic dominant positions. On the basis of the Competitive Trading Act, furthermore, it might be necessary to report intended mergers, acquisitions or joint ventures to the ACM, and State aid can be prohibited. Violation of the competition rules is subject to high penalties, and arrangements made in conflict with the competition rules are void. In addition, those who participate in a cartel can be confronted with claims by consumers for damages. It is, therefore, wise to keep a sharp eye on compliance with the competition rules. Furthermore, to take into account that competition law also lays down rules for, for example, arrangements made on exclusive cooperation, non-competition clauses, distribution, franchise, agencies and supplies.
Legaltree advises on competition law and assists enterprises in procedures against the ACM and in other disputes in which competition law plays a role. We are experienced in the reporting of concentrations and regularly advise and litigate on cartel penalties, cooperation between enterprises, cartel damages, compliance, abuse of dominant position and prohibited State aid.
Here below is a list of the partners who are specialised in competition law & tendering: