Netherlands/EU, 2007 - Revision history

HCargill at 21:23, 14 August 2008

2008-08-14T21:23:43Z

← Older revision		Revision as of 21:23, 14 August 2008
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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0

MShapiro at 16:07, 8 August 2008

2008-08-08T16:07:46Z

← Older revision		Revision as of 16:07, 8 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 56, 69, 71-75 require fines for certain violations.		\| Articles 56, 69, 71-75 of the Dutch Competition Act require fines for certain violations.

	\|-		\|-
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Third parties can rely on Articles 6(1) and 24(1) of the Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref>		\| Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref>

	\|-		\|-
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Third parties can rely on Articles 6(1) and 24(1) of the Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref>		\| Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref>

	\|-		\|-
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 34 requires notification of concentrations to the director general.		\| Article 34 of the Dutch Competition Act requires notification of concentrations to the director general.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| Article 34 says that this notification must occur 4 weeks before the merger.		\| Article 34 of the Dutch Competition Act says that this notification must occur 4 weeks before the merger.

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Articles 37(2) and 41(2) state that a merger may require further investigation if there is evidence that it will create a dominant position.		\| Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if there is evidence that it will create a dominant position.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Articles 37(2) and 41(2) state that a merger may require further investigation if it may significantly restrict effective competition.		\| Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if it may significantly restrict effective competition.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 47(1) states that a Minister may allow an otherwise prohibited merger to go through if doing so is in the public interest.		\| Article 47(1) of the Dutch Competition Act states that a Minister may allow an otherwise prohibited merger to go through if doing so is in the public interest.

	\|-		\|-
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	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Article 41(3) considers whether one or both of the companies is “entrusted with the operation of a service of general economic interest” in which case the Commission must decide what effect allowing or not allowing the merger would have on their performance of that service.		\| Article 41(3) of the Dutch Competition Act considers whether one or both of the companies is “entrusted with the operation of a service of general economic interest” in which case the Commission must decide what effect allowing or not allowing the merger would have on their performance of that service.

	\|-		\|-
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	\| 0		\| 0
	\|		\|

	~~\|- class="categorydivision"~~
	~~\| Merger Assessment~~
	~~\| Dominance~~
	~~\| 1~~
	~~\| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.~~

	\|-
	\|
	~~\| Restriction of Competition~~
	~~\| 1~~
	~~\| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.~~

	\|-
	\|
	~~\| Public Interest (Pro D)~~
	~~\| 0~~
	\|

	\|-
	\|
	~~\| Public Interest (Pro Authority)~~
	~~\| 0~~
	\|

	\|-
	\|
	~~\| Other~~
	~~\| 0~~
	\|

	\|-
	\|
	~~\| Efficiency~~
	~~\| 0~~
	\|

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance		\| Dominance

MShapiro at 15:59, 8 August 2008

2008-08-08T15:59:52Z

← Older revision		Revision as of 15:59, 8 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~The Competition Act applies to any company or violation that~~ has ~~a substantial effect~~ on ~~Dutch competition regardless~~ of ~~where it occurred.<ref>Bart L.P. van Reeken & Steven B Noë, "Competition Law in the Netherlands" in <i>Competition Law in the EU<~~/~~i> 417 (Floris O~~.~~W. Vogelaar et. al., eds).</ref>~~		\| EU Law (Rome Treater) governs whether conduct has effects on trade between Member States, pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"

MShapiro at 17:34, 6 August 2008

2008-08-06T17:34:59Z

← Older revision		Revision as of 17:34, 6 August 2008
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	Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> , Regulation 1/2003 of 16 December 2002 and Law no. 1997/242 of 22 May 1997 as last amended on 1 October 2007 (hereinafter referred to as “Competition Act”)<ref>''Competition Law in the EU'', at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf</ref>.		Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> , Regulation 1/2003 of 16 December 2002 and Law no. 1997/242 of 22 May 1997 as last amended on 1 October 2007 (hereinafter referred to as “Competition Act”)<ref>''Competition Law in the EU'', at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf</ref>.


	~~'''Score = 22'''~~

	~~''Governed by:'' Law no. 1997/242 of 22 May 1997 as last amended on 1 October 2007(hereinafter referred to as “Competition Act”).~~
	~~<ref>''Competition Law in the EU'', at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf</ref>~~

	{\| class="wikitable"		{\| class="wikitable"

MShapiro at 17:34, 6 August 2008

2008-08-06T17:34:43Z

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MShapiro at 17:33, 6 August 2008

2008-08-06T17:33:41Z

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MShapiro: New page: Score = Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty) Available at http://ec.europa.eu/comm/competition/antitrust/legisla...

2008-08-06T16:48:20Z

New page: Score = Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legisla...

New page

Score =

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> , Regulation 1/2003 of 16 December 2002 and Law no. 1997/242 of 22 May 1997 as last amended on 1 October 2007 (hereinafter referred to as “Competition Act”)<ref>''Competition Law in the EU'', at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf</ref>.