ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 million was imposed on the state-owned Dutch railway operator N.V. Nederlandse Spoorwegen (“NS“). According to ACM, NS abused its dominant position on the Main Railway Network (“MRN“) by (a) submitting a loss-making bid (predatory pricing) and (b) a combination of exclusionary practices [1] in order to secure the award of the contract in a regional tender in the Dutch province of Limburg (“Limburg Tender“). On 27 June 2019 the District Court of Rotterdam (“Court“) annulled that decision of ACM,
The District Court of Rotterdam annuls a €41 million fine imposed by the Dutch Competition Authority on a Dutch railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
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