The Dutch Court of Appeal of the Hague, after having sought the opinion of the EU Commission, holds that a decision adopted by a mussel farmers association did not breach Art. 81.1 EC (Vereniging Productenorganisatie van de Nederlandse Mosselcultuur / Praet en Zonen)

In 1998, PO, a cooperative association of mussel farmers, adopted a regulation (hereafter the “1998 regulation”) providing for the allocation to its members of the mussel seeds quantity that they could fish, of which the total amount is determined by government on a yearly basis. On 25 January 1999, the Dutch competition authority (hereafter the “NMa”) received an anonymous complaint, which prompted it to inform PO, on 15 September 1999, that it preliminarily considered the 1998 regulation to fall within the scope of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 EC). Accordingly, the NMa requested PO to submit further information. Without awaiting the NMa's decision, PO asked, in May 2000,

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Dutch Court of Appeal of the Hague, after having sought the opinion of the EU Commission, holds that a decision adopted by a mussel farmers association did not breach Art. 81.1 EC (Vereniging Productenorganisatie van de Nederlandse Mosselcultuur / Praet en Zonen), 24 April 2008, e-Competitions April 2008, Art. N° 21781

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