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)

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,

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Mariska Van De Sanden, Tialda Beetstra, 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), 27 June 2019, e-Competitions Bulletin June 2019, Art. N° 91153

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