Netherlands/EU, 2007
Score =
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)[1] , 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”)[2].
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”). [3]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| 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.[4] |
| Remedies | Fines | 1 | Articles 56, 69, 71-75 require fines for certain violations. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| 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.[5] |
| 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.[6] | |
| 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. | |
| 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 | ||
| 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 | ||
| 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 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the Rome Treaty prohibits limiting access. |
| Abusive Acts | 1 | Article 82 of the Rome Treaty prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 82(a) of the Rome Treaty prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 82(c) of the Rome Treaty prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 82(a) of the Rome Treaty prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) of the Rome Treaty prohibits price fixing. |
| Tying | 1 | Article 81(1)(e) of the Rome Treaty prohibits tying. | |
| Market Division | 1 | Article 81 of the Rome Treaty prohibits customer allocation clauses. | |
| Output Restraint | 1 | Article 81(1)(b) of the Rome Treaty prohibits limiting production. | |
| Market Sharing | 1 | Article 81(1)(c) of the Rome Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the Rome Treaty prohibits bid-rigging.[7] | |
| Supply Refusal | 1 | Article 81(1)(b) of the Rome Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the Rome Treaty allows an efficiency defense. |
References
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Competition Law in the EU, at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf
- ↑ Competition Law in the EU, at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf
- ↑ 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).
- ↑ See Competition Law in the EU, at 457.
- ↑ See Competition Law in the EU, at 457.
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf