Kajrozga at 00:33, 14 January 2009

2009-01-14T00:33:16Z

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

MShapiro: New page: '''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”). ''Competition Law in the EU'',...

2008-08-06T15:54:49Z

New page: '''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'',...

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'''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"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 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 Competition Law in the EU 417 (Floris O.W. Vogelaar et. al., eds).</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 56, 69, 71-75 require fines for certain violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 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> See Competition Law in the EU, at 457.</ref>

|-
|
| Remedies Available to 3rd Parties
| 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> See Competition Law in the EU, at 457.</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| “Interested Parties” have several rights in the course of proceedings including the right to appeal and participate in the case.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 34 requires notification of concentrations to the director general.

|-
|
| Pre-merger
| 2
| Article 34 says that this notification must occur 4 weeks before the merger.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 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.

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

|-
|
| Public Interest (Pro D)
| 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.

|-
|
| Public Interest (Pro Authority)
| 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.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Case law has shown this to be disallowed.

|-
|
| Abusive Acts
| 1
| Article 24 says that undertakings are prohibited from abusing a dominant position.<ref>Case 650, ''Hydro Energy BV v. SEP'', 26.8 1999 (concerning the refusal of third party access to the electricity network).</ref>

|-
|
| Price Setting
| 1
| Case Law and an adoption of the Article 82 EC has shown this to be impermissible.<ref>NMa decision re complaint 13/''Diverse klagers v. PTT Post'' (1998)(involving excessive prices charged for PO boxes); Case C-26-86, ''Akzo v. Commission'', [1991] ECR I-3359 (involving predatory pricing).</ref>

|-
|
| Discriminatory Pricing
| 1
| Discriminatory pricing and conditions are prohibited as per Article 82 EC.<ref>''See'' NMa decision re complaint 13/''Diverse klagers v. PTT Post'' (1998).</ref>

|-
|
| Predatory Pricing
| 1
| "Prices are regarded as abusive if they are below average variable costs"<ref>Competition Law in the EU at 454</ref>

|-
|
| Resale Price Maintenance
| 1
| Adopts the EC position and per se bans r.p.m.<ref>''See'' Michaela Drahos, ''Convergence of the Competition Laws and Policies in the European Community'', 146 (Kluwer Law International: The Hague, 2001); see NMa decision re complaint 146/''Gemeente Dinxperlo v. IBM'' (1999) and NMa decision re exemption 524/''Postkantoren'' (1999); Competition Law in the EU at 445.</ref>

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 1
| Adopts the EC position (as per Art. 86(2) EEC) on allowing Article 24(1) of the Competition Act to be deemed inapplicable when in the interest of economic progress.<ref>''See'', ''Competition Law in the EU'', at 441; Explanatory Memorandum, at 24; NMa decision re exemption 51/''Stibat'' (1998).</ref>

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Adopted Article 8(2)(a) EC which has shown this to be impermissible.

|-
|
| Tying
| 1
| Tying is impermissible in accordance with the EC and case law.<ref>NMa decision re administrative appeal 1092/I.T. ''Holland v. Microsoft''.</ref>

|-
|
| Market Division
| 1
| Adopted the EC position banning closed exclusive distribution agreements.

|-
|
| Output Restraint
| 0
|

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Supply refusal is sometimes illegal, particularly in cases involving “essential facilities”.<ref>''See'' Competition Law in the EU at 455; NMa decision re exemption 1/''De Telegraaf v. NOS en HMG'' (1998); NMa decision complaint 650/''Hydro Energy v. Sep'' (1999)</ref>

|-
|
| Efficiency Defense
| 1
| Adopts the EC position (as per Art. 86(2) EEC) on allowing Article 24(1) of the Competition Act to be deemed inapplicable when in the interest of economic progress.<ref>''See'', ''Competition Law in the EU'', at 441; Explanatory Memorandum, at 24; NMa decision re exemption 51/''Stibat'' (1998).</ref>

|}

== References ==
<references />

Netherlands 2007 - Revision history

Kajrozga at 00:33, 14 January 2009

MShapiro: New page: '''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”). ''Competition Law in the EU'',...