Netherlands Competition Authority

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 (...)

ACM clears acquisition of Vodafone Thuis by T-Mobile* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands Authority (...)

Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking a (...)

ACM fines cartel of manufacturers of concrete garages* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a cartel of manufacturers of prefabricated concrete garages. The two largest manufacturers of such garages, Rekers Betonwerk and Juwel Betonbauteile, had (...)

ACM clears acquisition of DA group by rival Holland Pharma* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the DA group by Holland Pharma Exploitatie B.V. Both Holland Pharma and DA are wholesale companies that trade in drugstore items. In addition, DA (...)

ACM imposed fines of EUR 12.5 million on cold-storage firms* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost EUR 12.5 million, in three cases on four companies in the cold storage industry (freezing and refrigerated storage). Five executives were (...)

ACM: postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

ACM fines natural-vinegar manufacturers for cartel agreement* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on two manufacturers of natural vinegar (also known as white or distilled vinegar), which are Kühne and Burg, for having made cartel arrangements. Burg is (...)

ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem: Albert Schweitzer (...)

ACM imposes fines on investment firms in cartel case* Investment firms that own businesses can be held accountable for violations of the Dutch Competition Act committed by those businesses, if the investment firms have decisive influence over them. This is one of the conclusions of a decision (...)

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 (...)

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 (...)

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, (...)

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 (...)

ACM sees points for attention in the business text messaging market* The Netherlands Authority for Consumers & Markets (ACM) has carried out an exploratory study into possible risks to competition in the business market for text messaging services. Given the conclusions of the study, ACM (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

ACM clears merger between two eastern Dutch hospitals* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between two hospitals in the eastern Dutch provinces of Overijssel and Drenthe. These hospitals are the Noorderboog hospital in the city of Meppel and the (...)

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 (...)

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 (...)

ACM clears merger between hospitals Bronovo and Medisch Centrum Haaglanden* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between hospital groups Medisch Centrum Haaglanden (MCH) and Bronovo in The Hague. In the post-merger situation, health insurers will (...)

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 (...)

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 (...)

ACM clears creation of proton-therapy joint venture The Netherlands Authority for Consumer and Markets (ACM) has cleared the creation of ‘HollandPTC,’ a joint venture for proton therapy between TDH Services (part of Delft University of Technology), Erasmus Holding and Leiden University Medical (...)

Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

ACM to appeal Court’s ruling against use of wiretap data* The District Court of Rotterdam has prohibited the Netherlands Authority for Consumers and Markets (ACM) in two cases from using data obtained through wiretaps, which ACM had been provided by the Dutch Public Prosecution Service (OM). In (...)

ACM in favor of clearer contracts with breweries* The Netherlands Authority for Consumers and Markets (ACM) calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry. Clearer and simpler contracts help strengthen the position (...)

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 (...)

NMa Approves Acquisition of Casema by Carlyle and Providence* The Netherlands Competition Authority (NMa) approved on 23 December 2002 the acquisition of Casema Holding B.V. by The Carlyle Group LLC and two funds of the Providence Equity group. These investors do not have any cable or media (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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 (...)

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 (...)

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 (...)

NMa Approves Guidelines for the Healthcare Sector* The Netherlands Competition Authority (NMa) has approved the definitive guidelines for the healthcare sector. The guidelines describe clearly what agreements restrain competition and, in principle, are prohibited, such as agreements on prices (...)

NMa Approves Cooperation between Dutchtone and Ben in Construction of UMTS Network* The Netherlands Competition Authority (NMa) has given its approval to the proposed setting up of a joint venture by Dutchtone and Ben. This joint venture will construct and administer parts of the UMTS network (...)

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 (...)

NMa: Dumeco Must Amend Its Restructuring Agreements* Following information received from the sector, the Netherlands Competition Authority (NMa) has investigated whether the recent termination of the slaughtering activities of a number of smaller pig abattoirs contravenes the Competition Act. (...)

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. (...)

NMa Fines Heijmans for Refusal to Co-operate* The Netherlands Competition Authority (NMa) has imposed a fine of three times EUR 4,500 (four-thousand-five-hundred euros) on Heijmans Beton- en Waterbouw for its refusal to allow NMa to interview certain of its employees. This is the maximum fine (...)

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 (...)

NMa: Postal Code Lottery May Take over Bank Giro Lottery* The Netherlands Competition Authority (NMa) has given the Postal Code Lottery [Postcodeloterij] the go-ahead to take over the Bank Giro Lottery [BankGiroLoterij]. In the area of lotteries and lotto games, three players will remain (...)

NMa Closes Investigation into Endemol* During its preliminary investigation into the position and practices of Endemol, NMa found no evidence from which it appeared that the television producer had infringed the Competition Act. NMa has therefore closed this investigation. The reason for the (...)

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 (...)

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 (...)

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 (...)

NMa Simplifies the Notification of Cartels in the Construction Industry* The Netherlands Competition Authority (NMa) has made it easier for tendering services to give notification of irregularities which they observe in relation to tenders. For this purpose, NMa has developed a notification (...)

NMa Fines Texaco and Three Texaco Filling Stations for Obstructing Tango in the Nijmegen Region* The Netherlands Competition Authority (NMa) has fined Texaco and three Texaco filling stations for a coordinated discount campaign in the Nijmegen region. The NMa has imposed a fine of EUR 1 (...)

NMa: Report on Heijmans Due to Refusal to Co-operate* The Netherlands Competition Authority (NMa) has drawn up three reports following Heijmans Beton- en Waterbouw’s refusal to cooperate, following NMa’s request to interview certain employees. Other construction companies have also refused to (...)

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 (...)

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. (...)

NMa: Consultation with the Healthcare Sector on Cooperation Guidelines* The Netherlands Competition Authority (NMa) has drawn up guidelines to provide more clarity on the forms of cooperation in the healthcare sector that are possible from the perspective of competition law. In this regard, (...)

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 (...)

NMa Extends its Investigation into Interpay* The Netherlands Competition Authority (NMa) is extending its investigation into Interpay. The decision to do so was taken on the basis of a preliminary investigation by NMa and signals received from the market. The tariffs Interpay charges for its (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

NMa Conducts Investigation into Price Formation in the Beef Sector* Recently the situation on the beef market has deteriorated considerably due to the BSE crisis. Partly as a result of this, NMa received a formal application for exemption from Stichting Saneringsfonds Runderslachterijen (...)

NMa Approves the Merger of Gran Dorado and Center Parcs after Amendments* The Dutch Competition Authority (NMa) today approved the merging through a joint venture of the activities of Center Parcs and Gran Dorado by Pierre & Vacances S.A. and Carp Ltd., after the parties involved had (...)

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 (...)

NMa Lowers Fines for Notaries in Breda* The fines imposed on 16 notaries in Breda by the Dutch Competition Authority (NMa), due to agreements entered into by the notaries to divide the market amongst themselves, were reduced on appeal. The original fines varied from NLG 15,000 to NLG 20,000. (...)

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 (...)