The District Court of Rotterdam annuls a penalty imposed to an association of undertakings, for making recommendations on the establishment of new general practitioners (LHV)

On 17 December 2015, the District Court of Rotterdam (“Court”) annulled a penalty imposed to LHV for violating the Dutch cartel prohibition. The proceedings on appeal brought against the ACM-decision have been a major success for LHV. While in administrative appeal the fine was reduced by ACM from EUR 7.7 to EUR 5.9 million, the Court ruled to annul the fine imposed upon LHV. According to the Court, ACM had failed to substantiate that LHV’s behavior had the object to restrict competition between GPs. In 2010, the (predecessor of) ACM started an investigation into a possible infringement of the cartel prohibition by LHV. In the

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Stijn de Zwart, The District Court of Rotterdam annuls a penalty imposed to an association of undertakings, for making recommendations on the establishment of new general practitioners (LHV), 17 December 2015, e-Competitions Bulletin December 2015, Art. N° 78459

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