A Dutch Court confirms the annulment of a decision adopted by the NCA on the ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP / NVVP / LVE)

In April 2004, the Dutch Competition Authority (hereafter the ‘NMa') imposed fines upon NIP, NVVP, and LVE, three professional associations in field of psychological services, for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). Furthermore, the NMa imposed periodic penalty payments in order to secure compliance with its decision and the ending of recommended prices. On appeal, the NMa decided to uphold its decision. The Rechtbank Rotterdam (Court of First Instance of Rotterdam), in front of which the decision was appealed against, annulled the NMa's decision on ground of inadequate statement of reasons. In the course of these proceedings, the NMa alleged that the fact that these recommended prices had the object of restricting

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, A Dutch Court confirms the annulment of a decision adopted by the NCA on the ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP / NVVP / LVE), 6 October 2008, e-Competitions October 2008, Art. N° 22880

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