The Dutch Trade and Industry Appeals Tribunal quashes a judgement of the District Court of Rotterdam in relation to fines imposed by the Competition Authority on an undertaking for breaching a seal during a dawn raid investigation (LHV)

Introduction On 3 June 2014, the Dutch Trade and Industry Appeals Tribunal (the “CBb”) quashed a judgement of the District Court Rotterdam (the “District Court”) in relation to a fine imposed by – the predecessor of – the Dutch Authority for Consumers & Markets (the “ACM”). The fine had been imposed on the Dutch Association of General Practitioners (the “LHV”) for breach of a seal in connection with a dawn raid at LHV’s premises. As is standard practice during dawn raids that last more than a day, the ACM affixed a seal to a room at LHV’s offices in the context of an unannounced inspection. At night, a security guard at LHV’s shared office building apparently had opened the door to the room during his rounds, thereby breaking the seal. The guard was not directly employed by LHV. The ACM

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Authors

  • Simmons & Simmons (Brussels)
  • Simmons & Simmons (Amsterdam)

Quotation

Robert Hardy, Jonathan Bakker, The Dutch Trade and Industry Appeals Tribunal quashes a judgement of the District Court of Rotterdam in relation to fines imposed by the Competition Authority on an undertaking for breaching a seal during a dawn raid investigation (LHV), 3 June 2014, e-Competitions June 2014, Art. N° 68820

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