Cartel law

Examples of agreements restricting the competition are agreements on prices, market sharing, customers and production quantities.

'Agreements' are not only written and oral agreements, but also resolutions of trade associations and concerted practices of undertakings.

Cartel law in the Netherlands consists of Dutch and European competition laws. The prohibition on cartels also plays a part in contracting proceedings (e.g. the Dutch construction industry fraud). An example is the prohibition on coordinating bids or quotations ("bid rigging").

Why is this of interest for you?
Cartel law plays an important part in many forms of cooperation, such as franchise and distribution agreements. When an agreement is concluded that conflicts with the prohibition of cartels, it is null and void. Undertakings that violate the prohibition of cartels furthermore risk a fine from the competent competition authority (in many cases the Netherlands Competition Authority (NMa) or the European Commission). This fine may not exceed 10% of the undertaking's total consolidated annual turnover. There is also a risk of a civil claim for damages from buyers (and their customers). Please note: in the Netherlands, the NMa can also impose fines on for example managers if they violate the prohibition on cartels.

What can we offer you?
We offer you a team of specialists to assist and advise you on questions of cartel law. We will anticipate and keep you informed of any new regulations. We can also assist you if your sector or undertaking is involved in cartel investigations by competition authorities, such as the NMa and the European Commission.

In light of the importance of cartel law, it is advisable to keep your own organisation up-to-date on the developments in cartel law regarding your practice. We can provide courses and training on this subject and help you set up a compliance programme.