Netherlands Competition Authority

Netherlands Authority for Consumers & Markets (The Hague)

The Netherlands Authority for Consumers and Markets (ACM) creates opportunities and options for businesses and consumers alike: opportunities through innovation, new products, services and businesses, and options because therein lies the key to having well-functioning markets. We want consumers to have a real choice, and to have consumers who are not afraid of making a choice. That is why we want businesses be open about what they offer. And finally, consumers should be informed of what their rights are. Fair trade between businesses and consumers: that is what ACM aims for.

Articles

3416 Bulletin

Dutch Competition Authority The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube)

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No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

Dutch Competition Authority The Dutch Competition Authority sends a letter explaining the basic rules regarding fair competition to over 3,500 companies operating in the ports of Amsterdam and Rotterdam

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ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. ACM (...)

Dutch Competition Authority The Netherlands Authority for Consumers and Markets clears a merger of three care providers in the northern Dutch province of Friesland (Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana)

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ACM clears merger between three northern care providers* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger of three care providers in the northern Dutch province of Friesland, which are Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana. These three care (...)

Dutch Competition Authority The Netherlands Authority for Consumers & Markets imposes fines on a telecom company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)

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KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

Dutch Competition Authority The Dutch Authority for Consumer and Markets closes its investigation against a pharmaceutical company suspected of abuse of dominance by differencing the price of its drug sold inside and outside of hospitals (AstraZeneca)

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ACM closes investigation into AstraZeneca* The Netherlands Authority for Consumer and Markets (ACM) has carried out an investigation into the large price difference between the price that international pharmaceutical company AstraZeneca asked for heart burn drug Nexium sold inside hospitals, (...)

Dutch Competition Authority The Netherlands Authority for Consumers & Markets issues an unbundling certificate concerning the operation of electricity cable between Maasvlakte in the Netherlands and the Isle of Grain in the UK

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The Netherlands finalises important part of the Third Energy Package* Transmission system operator BritNed Development Ltd. has received an unbundling certificate from the Netherlands Authority for Consumers & Markets (ACM). BritNed has demonstrated to comply with the ‘unbundling (...)

Dutch Competition Authority The Netherlands Competition Authority finds that the proposed acquisition may lead to restrictions for other companies on the use of the fiber-optic cable network (KPN / Reggefiber)

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Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

Dutch Competition Authority The Netherlands Authority for Consumers and Markets receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)

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Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

Dutch Competition Authority The Netherlands Authority for Consumers and Markets submits to the European Commission that a merger between two largest domestic cable companies shall be reviewed in the Netherlands (UPC / Ziggo)

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ACM: merger between cable companies UPC and Ziggo should be assessed in the Netherlands* The Netherlands Authority for Consumers and Markets (ACM) is convinced that the merger between cable companies UPC and Ziggo should be assessed in the Netherlands. ACM has therefore requested the European (...)

Dutch Competition Authority The Netherlands Authority for Consumers and Markets finds that providing data about license plates for free or for a small fee is not an economic activity (RDW)

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Providing ‘bare’ data by RDW is not an economic activity* Providing ‘bare’ data about license plates for free or for a small fee by RDW, the Dutch national motor vehicle and driving license registration authority, is not an economic activity. This was revealed by an analysis that the Netherlands (...)

Dutch Competition Authority The Dutch Trade and Industry Appeals Tribunal schedules hearings as regards an application for interim injunction against two orders subject to periodic penalty payments imposed by ACM on the national telecom company (KPN)

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ACM orders KPN to hand over information that has been withheld* On January 31, 2014, the Netherlands Authority for Consumers and Markets (ACM) twice imposed an order subject to periodic penalty payments on Dutch telecom company KPN ordering the company to hand over to ACM information it had (...)

Dutch Competition Authority The Netherlands ACM decides not to take further action against credit card company following undertaken adjustment of the interbank tariffs for domestic credit-card payments (MasterCard)

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ACM: MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry will (...)

Dutch Competition Authority The Netherlands Authority for Consumers and Markets imposes fines on national association of medical practitioners for restricting the freedom of choice of the patients (LHV)

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ACM issues decision on objection regarding the establishment of new GPs* In late-2011, the Netherlands Authority for Consumers and Markets (ACM) imposed a fine on the Dutch National Association of General Practitioners (LHV). Following an objection filed by LHV, ACM has reviewed the case (...)

Dutch Competition Authority The Netherlands ACM allows blocking certain internet services on board of trains of Dutch railway company as an exception from the net neutrality rule (T-Mobile)

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Telecom company T-Mobile is allowed to restrict free internet access on board trains* The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board (...)

Dutch Competition Authority The Netherlands ACM recommends four construction companies and six public-housing corporations to open up energy-neutral-housing renovation project (De Stroomversnelling)

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ACM wants more competition in energy-neutral-housing renovation project* The Netherlands Authority for Consumers & Markets (ACM) has recommended the four construction companies and six public-housing corporations that joined forces in the project ‘De Stroomversnelling’ to open up the project (...)

Dutch Competition Authority A Dutch District Court upholds ACM’s decision concerning imposition of fines on the national telecom company for failing to inform its competitors about a discount scheme (KPN)

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ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

Dutch Competition Authority The Netherlands Competition Authority imposes fines for reduction of dealer fees for post-paid mobile telephone subscriptions and exchange of sensitive information (Ben Nederland / Dutchtone / KPN Mobile / O2 / Vodafone Libertel)

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NMa Fines Mobile Telephone Operators EUR 88 Million* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 88,000,000 on Ben Nederland B.V., Dutchtone N.V., KPN Mobile N.V., O2 (Netherlands) B.V. and Vodafone Libertel N.V. NMa has established that these companies (...)

Dutch Competition Authority The Netherlands Competition Authority imposes an obligation to offer advertising services and support in the area of transport and delivery at competitive prices to companies which wish to enter the regional daily newspaper market in Southeast Gelderland (Wegener Daily Newspapers)

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NMa Sets Conditions for Wegener Daily Newspapers in Gelderland* Wegener may not increase the prices of the company’s daily newspapers in Gelderland more than in the rest of the country. The regional editions of De Gelderlander must be maintained and Wegener must support new entrants. The (...)

Dutch Competition Authority The Netherlands Competition Authority has to decide what fines to impose on the bid rigging agreements on the market for asphalt construction (Heijmans / Solétanche)

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NMa Will Also Conduct Intensive Investigations into the Construction Industry in 2003* The Netherlands Competition Authority (NMa) will continue its intensive investigation into possible infringements of the Competition Act in the construction sector in 2003. NMa will continue to monitor the (...)

Dutch Competition Authority The Netherlands Competition Authority doesn’t approve protocol signed by of the private health insurers united in a professional association (Solidarity Protocol)

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NMa Does Not Approve Health Insurers’ ’Solidarity Protocol’* The Netherlands Competition Authority (NMa) has not approved the so-called ’Solidarity Protocol’ of the private health insurers united in Zorgverzekeraars Nederland (ZN). According to NMa, these agreements restrain competition between (...)

Dutch Competition Authority The Netherlands Competition Authority imposes fines for refusal to co-operate with certain parts of the antitrust investigation on tenders for asphalting projects (Koninklijke Wegenbouw)

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NMa Fines KWS for Refusal to Co-operate* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 27,000 (twenty-seven thousand euros) on Koninklijke Wegenbouw Stevin (KWS) due to its refusal to co-operate with certain parts of NMa’s investigation. KWS was fined because the (...)

Dutch Competition Authority The Netherlands Competition Authority approves conditionally plans for cost savings at two daily newspapers (BN De Stem / Provinciale Zeeuwse Courant)

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NMa Gives Conditional Approval to Wegener’s Plans for Daily Newspapers in Zealand Flanders* The Netherlands Competition Authority (NMa) has agreed conditionally to the plans of Wegener N.V. for cost savings at the daily newspaper BN/De Stem and Provinciale Zeeuwse Courant. Wegener is required (...)

Dutch Competition Authority The Netherlands Competition Authority draws up a report on four bicycle manufacturers due to a reasonable suspicion that they had entered into price agreements and exchanged sensitive competitive information (Gazelle / Accell / Giant / Union)

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NMa Draws up a Report on Bicycle Manufacturers and Branch Organisations* Following an investigation, the Netherlands Competition Authority (NMa) has drawn up a report on four bicycle manufacturers due to a reasonable suspicion that they had entered into price agreements and exchanged sensitive (...)

Dutch Competition Authority The Netherlands Competition Authority intends to limit the exemption for the salvaging scheme for broken-down cars to motorways and provincial and municipal roads which fulfil an important role in the flow of traffic

11

NMa Not Satisfied with Implementation of Salvaging Scheme for Broken-Down Cars* The Netherlands Competition Authority (NMa) intends to limit the exemption for the salvaging scheme for broken-down cars to motorways and provincial and municipal roads which fulfil an important role in the flow of (...)

Dutch Competition Authority The Netherlands Competition Authority draws up a report on four road construction companies in relation to a bid-rigging cartel on the asphalt construction market (Koninklijke Wegenbouw Stevin / Ballast Nedam Infra Noord Oost / Gruno Wegenbouw / Koop Tjuchem)

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NMa Draws up Report on Road Construction Companies Due to Cartel Agreement* The Netherlands Competition Authority (NMa) has drawn up a report on four road construction companies. NMa has drawn up this report on the grounds of a reasonable suspicion that the Competition Act has been infringed. (...)

Dutch Competition Authority The Netherlands Competition Authority decides following the notification of the scheme for the collective sale of broadcasting rights in connection with an application for exemption to allow the collective trading rights to broadcast summaries (Eredivisie)

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NMa Prohibits Joint Trading of Rights to Live Broadcasting of Premier Division Football Matches* As of the start of the football season 2003-2004, the professional football organisations may no longer jointly sell rights to the live broadcasting of football matches, as they now do through (...)

Dutch Competition Authority The Netherlands Competition Authority decides that an in-depth investigation is necessary into the proposed takeover on the market for cable connections (Casema / Liberty Media)

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NMa To Investigate Merger Liberty - Casema Further* The Netherlands Competition Authority (NMa) has decided that an in-depth investigation is necessary into the proposed takeover of Casema Holding B.V. by the American cable and media company, Liberty Media Corporation. At present, Liberty (...)

Dutch Competition Authority The Netherlands Competition Authority draws up a report due to agreements that restrain competition in the area of the application of certain foundation techniques, including diaphragm walls, and carrying out certain categories of concrete civil engineering activities (Heijmans Beton- en Waterbouw / Solétanche Bachy)

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NMa Suspects Heijmans and Solétanche of Cartel Agreements* The Netherlands Competition Authority (NMa) has drawn up a report on Heijmans Beton- en Waterbouw B.V. and Solétanche Bachy France S.A. due to agreements that restrain competition in the area of the application of certain foundation (...)

Dutch Competition Authority The Netherlands Competition Authority approves takeover after the parties gave assurances with regard to the sale of their interests in several asphalt plants (HBG / BAM NBM)

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NMa: BAM NBM and HBG Must Sell Their Interests in Asphalt Plants* The Netherlands Competition Authority (NMa) has approved the takeover of HBG by BAM NBM after the parties gave assurances with regard to the sale of their interests in several asphalt plants. The takeover will result in one of (...)

Dutch Competition Authority The Netherlands Competition Authority conditionally approves plan for cost savings following consent granted for an acquisition on the market for daily newspapers (De Telegraaf)

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NMa Approves De Telegraaf’s Plans for the Limburg Daily Newspapers* The Netherlands Competition Authority (NMa) has approved De Telegraaf’s plans for cost savings at Dagblad De Limburger and Limburgs Dagblad on condition that De Telegraaf complies with the decision taken by NMa at the time of (...)

Dutch Competition Authority The Netherlands Competition Authority concludes that the municipality of Amsterdam has not abused its dominant position in renting its land through long-term leases (Vereniging Eigen Huis)

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NMa: No Abuse of Dominant Position by Municipality Amsterdam* Following a complaint made by Vereniging Eigen Huis (an association representing homeowners), NMa has concluded that the municipality of Amsterdam has not abused its dominant position in renting its land through long-term leases. (...)

Dutch Competition Authority The Netherlands Competition Authority imposes fines on a procurement collective and a wholesaler of veterinary pharmaceuticals for setting in place a system of exclusion of certain veterinarians (AUV / Aesculaap)

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NMa Fines Veterinary Cooperative for Cartel Agreements* The Netherlands Competition Authority (NMa) has imposed a fine of EUR 9.7 million on Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel A.U. (AUV) [Netherlands Veterinary Pharmaceutical Wholesale Cooperative A.U.] and a fine of (...)

Dutch Competition Authority The Netherlands Competition Authority determines that all five mobile telephone operators have a dominant position on their own mobile telephone networks with regard to the termination of calls

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NMa: Separate Market for Call Termination for Each Mobile Operator* All five mobile telephone operators in the Netherlands (KPN Mobile, Vodafone, Dutchtone, Ben en O2) have a dominant position on their own mobile telephone networks with regard to the termination of calls. A mobile telephone (...)

Dutch Competition Authority The Netherlands Competition Authority draws up a report on the five mobile telephone operators, who entered into an agreement to reduce jointly and almost simultaneously the fee paid to dealers for selling telephone subscriptions (Vodafone / KPN Mobile / Dutchtone / Ben Nederland / O2)

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NMa Draws up a Report on Mobile Telephone Operators* Following an investigation, the Netherlands Competition Authority (NMa) has drawn up a report on the five mobile telephone operators due to an agreement entered into by Vodafone N.V., KPN Mobile N.V., Dutchtone N.V., Ben Nederland B.V. and (...)

Dutch Competition Authority The Netherlands Competition Authority establishes the illegal character of the resale prohibition imposed by pharmaceutical company on hospitals (AstraZeneca)

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NMa: Prohibition by AstraZeneca on Sales to Third Parties Contravenes Competition Act* The prohibition against supplying parties outside the premises of hospitals, imposed on hospitals and pharmacies by AstraZeneca, contravenes the Competition Act. NMa made this ruling in a decision relating (...)

Dutch Competition Authority The Netherlands Competition Authority establishes that four new standard agreements between a beer producer and cafes and other businesses in the hospitality sector were not in conflict with the prohibition on cartels (Heineken)

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NMa Approves Heineken’s New Beer Contracts* NMa has determined that the four new standard agreements which Heineken enters into with cafes and other businesses in the hospitality sector are not in conflict with the prohibition on cartels. These agreements, also referred to here as the beer (...)

Dutch Competition Authority The Netherlands Competition Authority establishes that a system of tariffs and conditions on the market for gas transmission resulted in abuse of dominance (Gasunie)

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NMa Rules on the Abuse of a Dominant Position by Gasunie* The Netherlands Competition Authority (NMa) has established that Gasunie, through its use of parts of the Commodity Diensten Systeem (CDS) [Commodity Services System], has abused its dominant position on the market for gas transmission. (...)

Dutch Competition Authority The Netherlands Competition Authority decides that the system of maximum discounts applied by a professional association contravenes the competition law (Modint)

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NMa Upholds Earlier Prohibition on Maximum Discounts in the Clothing Sector* The Nederland Competition Authority (NMa) has once again decided in a ruling on an administrative appeal that the system of maximum discounts applied by Vereniging Modint Ondernemersorganisatie voor mode en interieur (...)

Dutch Competition Authority The Netherlands Competition Authority decides that an umbrella organisation of hairdressers shall cease issuing recommended prices to its members (ANKO)

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NMa: End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

Dutch Competition Authority The Netherlands Competition Authority finds that the larger oil companies keep the price of petrol, diesel and LPG artificially high through a system of agreements with independent filling station owners (Shell / BP / Esso / TotalFina / Texaco)

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NMa: Oil Companies Keep Prices Artificially High through Agreements with Filling station Owners* The Netherlands Competition Authority (NMa) has established that the larger oil companies (Shell, BP, Esso, TotalFina and Texaco) keep the price of petrol, diesel and LPG artificially high through (...)

Dutch Competition Authority The Netherlands Competition Authority imposes fines on post service major companies for providing incomplete information regarding a proposed takeover (Correct Express Beheer)

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NMa Issues Fines Due to Incorrect Notification of a Merger* The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because (...)

Dutch Competition Authority The Netherlands Competition Authority grants an exemption from the prohibition on cartels for three quality management systems proposed by a marketing board on the market for production and distribution of grain-fed and milk-fed veal and beef (Productschap voor Vee en Vlees)

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NMa: Agreement on Integral Production Chain Management Schemes for Veal and Beef* The Netherlands Competition Authority (NMa) has granted an exemption from the prohibition on cartels for three quality management systems of the Marketing Board for Poultry and Meat [Productschap voor Vee en (...)

Dutch Competition Authority The Dutch Competition Authority determines that an anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels (Vereniging Belangen Behartiging Schildersbedrijf)

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NMa Prohibits Anti-Peddling Scheme in the Painting Branch* Today the Dutch Competition Authority (NMa) determined that the anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels and is therefore prohibited. In November 1998 NMa indicated in a provisional (...)

Dutch Competition Authority The Dutch Competition Authority issues report against price agreements on the petrol market that had exclusionary effects (Tango petrol stations / Texaco)

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NMa Draws up Report on Texaco Due to Thwarting of Tango in the Nijmegen Region* The Dutch Competition Authority (NMa), after conducting an investigation, has drawn up a report against Texaco. The report is the result Texaco’s thwarting of Tango, a newcomer to the Nijmegen region, by means of a (...)

Dutch Competition Authority The Dutch Competition Authority approves takeover on the market for procurement and slaughter of pigs and the further processing and sale of pork (Dumeco / SturkoMeat)

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NMa Approves Takeover of SturkoMeat by Dumeco The Director-General of the Dutch Competition Authority (NMa) today approved the takeover of SturkoMeat by Dumeco, the two largest pig abattoirs in the Netherlands. Due to the structure of this market, NMa sees no reason to assume that, as a result (...)

Dutch Competition Authority The Dutch Competition Authority receives communication from a group of supermarkets that they will abstain from price coordination behaviour on the market for milk distribution (Albert Heijn / Laurus / Schuitema / Dirk van den Broek / Nettorama)

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Supermarkets Withdraw Surcharge on Milk, NMa Decides against Order Subject to Penalty* Albert Heijn, Laurus, Schuitema, Dirk van den Broek and Nettorama have informed the Dutch Competition Authority (NMa) that they will cease charging the surcharge of NLG 0.10 on milk that they introduced (...)

Dutch Competition Authority The Dutch Competition Authority finds price fixing and market sharing agreements engaged by the national association of general practitioners in breach of competition law (Landelijke Huisartsenvereniging)

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NMa Prohibits Agreements on Tariffs and on the Setting up of Practices by General Practitioners* In its decision on the policy with regard to setting up practices of Landelijke Huisartsenvereniging (LHV) [National Association of General Practitioners] and the collective negotiations conducted (...)

Dutch Competition Authority The Dutch Competition Authority suspects that a cooperative association to which 90% of veterinarians in the Netherlands are affiliated infringed competition law (Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel / Aesculaap)

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NMa Draws up a Report on Veterinary Medicine Wholesalers* After carrying out an investigation, the Dutch Competition Authority (NMa) has reason to believe that Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel U.A. (in short, AUV) has contravened the Competition Act. Until the end (...)

Dutch Competition Authority The Dutch Competition Authority decides after an initial investigation that a dominant position could emerge or be strengthened on the market for the sale of daily consumer goods through supermarkets as a result of the planned merger (Schuitema / Sperwer)

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NMa to Investigate Further the Merger of Schuitema and Sperwer* The Dutch Competition Authority (NMa) today decided that a licence is required for the merger of the supermarket organisations Schuitema and Sperwer. After an initial investigation, NMa concluded provisionally that a position of (...)

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