The Legal Regime Of Competition In Netherlands

• Author: Ovidiu-Horia Maican
• Pages: 167-176

THE LEGAL REGIME OF COMPETITION IN NETHERLANDS

Lecturer Ovidiu-Horia MAICAN1

Abstract

The present-day competition regime in the Netherlands begins with the enactment of the Competition Act on 1

January 1998. The substantive provisions of the Competition Act are a copy of the Treaty on the Functioning of the

European Union (TFEU). The Competition Act prohibits anticompetitive agreements and the abuse of a dominant

position. The Competition Act established the Netherlands Competition Authority (NMa) as the domestic bod y

responsible for the enforcement of competition law. On 1 April 2013, th e NMa unified with the independent Post and

Telecommunication Authority and the Consumer Authority into a single regulator, the Consumer and Market Authority

(ACM).

Keywords: competition authorities, competition, Netherlands, European Un ion.

JEL Classification: K22, K33

1. Introduction

The Dutch Competition Act came into force on 1 January 1998.

The Competition Act is not a one-to-one translation of the EC rules. The Explanatory

Memorandum (“Memorie van Toelichting”) states that the Act “draws on” the competition rules in

the EC Treaty, but is not a “copy” of those rules.

The goal of the Competition Act is to promote and maintain competition in order to boost

prosperity in Dutch society.

The basic premise is, however, that the Competition Act “should not be more or less stricter

than the EC competition rules”. In fact, a one-to-one translation would not be practicable.

2. General aspects

European Union competition regulation isn't always associate degree finish in itself, then

again as an alternative a approach to understand the wishes of the global organization.

Removing the barriers to alternate between member states is not a precise goal of the Dutch

Competition Act, although overseas corporations may additionally possiblyexperience a simpler

competition coverage inside the Netherlands.2

The evaluation of the Dutch Competition Act bears out that tiny and medium-

sized businesses usually realize the turnover thresholds for the de minimis exemption to be too

low. completely little firms are possible to continue to be beneath the brink. Relaxation of the de

minimis exemption would supply little and medium-sized groups extra leeway to with success

contend with massive firms.

Throughout this read, greater thresholds would promote instead of restrict competition.3

Competition commonly is a catalyst for innovation as corporations are stimulated to

unendingly search for ways that to take care ofor strengthentheir position.

At the same time, sure kinds of innovation like systems aimed toward rising excellent need

wonderful consultation and collaboration on the chain, additionally as between competitors.4

Non-economic pastimes (cultural heritage, environmental effects) might also moreover bene

suit from firms connection forces, and accordingly justify a (temporary) restriction of competition.

in retaining with Kingdom of The Netherlands Competition Authority, non-economic hobbies will

play a job figure out whether or now not or to now not provide a release from the consortium

1 Ovidiu-Horia Maican – Department of Law, Bucharest University of Economic Studies, Romania, ovidiuszm@yahoo.com.

2 Berenschot, Syntheserapport evaluatie Mededingingswet, The Hague, 2002.p. 4.

3 Ibidem.

4 Idem, p. 5.