Competition law is a complex area of law, which has a number of clear prohibitions but also many grey areas.
For example, the ban on cartels prohibits making anti-competitive agreements, both with competitors and with suppliers and customers. The exchange of commercially sensitive information can be sufficient to violate this cartel prohibition.
In addition, undertakings in a position of economic power may not abuse that position in relation to other market parties. The relevant market, the position on it and the commercial behaviour require a combined assessment.
Also, certain mergers, takeovers and joint ventures must be submitted for prior approval to one or more competition authorities. Specific turnover thresholds apply.
Every company has to deal with these rules, in different facets of its business. Examples include cooperation agreements with competitors, joint purchasing or production agreements and distribution relationships.
The Netherlands Authority for Consumers and Markets (ACM) and the European Commission (EC) are in charge of enforcing the competition rules in the Netherlands. These authorities have far-reaching investigative powers, including carrying out raids on businesses and in private homes (ACM only) and examining digital files. We assist our clients in these matters.
In the event of violations of the competition rules, large fines may be imposed on the companies and persons involved. In addition, damages actions usually follow, but also exclusion from tenders. The damage to reputation is often considerable.
We advise clients on all facets of competition law, always keeping in mind the commercial and strategic aspects involved. In addition, we help clients increase their knowledge of the competition rules within the organisation. We do this by setting up and rolling out effective compliance programmes tailored to the organisation. We also provide regular interactive compliance training sessions with many practical tips and tricks.
