The Dutch Trade and Industry Appeals Tribunal confirms that separation of functions must be applied within administrative authority (ETB)

1. Facts and procedure Following an extensive investigation into fraud and anticompetitive practices in the Dutch construction sector, the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereinafter "NMa") imposed a fine on ETB Vos B.V. (hereinafter "ETB") for infringing Article 6 Dutch Competition Act and Article 101 TFEU because of its involvement in one of the construction cartels. This administrative decision from the NMa was annulled by the District Court Rotterdam (Rechtbank Rotterdam, "District Court") due to violations of the duty to state reasons and the principle of due care. In its judgment of 28 April 2009 the

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Authors

  • De Nederlandsche Bank (DNB)
  • Smeets Van Empel advocaten (Amsterdam)

Quotation

Margot Aelen, Loes Brekhof, The Dutch Trade and Industry Appeals Tribunal confirms that separation of functions must be applied within administrative authority (ETB), 30 August 2011, e-Competitions Bulletin August 2011, Art. N° 48655

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