The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchanges do not have any effect on their conduct on the market (KPN / Orange / Telfort / T-Mobile / Vodafone Libertel)

The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their conduct on the market. Evidence sufficient to weaken the presumption that the exchange of information had an effect on their conduct on the market is enough. In December 2002, the Dutch Competition Authority (hereafter the ‘NMa') fined five Dutch mobile phone companies for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 101 TFEU). The NMa found that at a meeting held in June 2001, those mobile phone operators had exchanged information relating to remuneration

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

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

Quotation

Tristan Baumé, Sally Janssen, The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchanges do not have any effect on their conduct on the market (KPN / Orange / Telfort / T-Mobile / Vodafone Libertel), 12 August 2010, e-Competitions August 2010, Art. N° 32404

Visites 2787

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues