NMa Draws up Four Reports Due to Refusal to Cooperate in the Investigation into the Construction Industry

The Netherlands Competition Authority (NMa) has drawn up four reports due to failure to cooperate with a request by NMa to allow documents to be inspected or to provide information. NMa asked to be allowed to inspect documents within the framework of its investigation into possible infringements of the Competition Act in the construction sector. By law everyone is obliged to cooperate with NMa in its investigations.

Two reports were drawn up on companies in the installation sector, namely GTI and Homij Technische Installaties BV, one report on a former director of an installation company and one report on a construction company, Van Hattum en Blankevoort BV. The maximum fine which NMa may impose for a refusal to cooperate in an investigation is EUR 4500 (four-thousand five hundred euros). The companies may now respond to the reports on their failure to cooperate. After this, NMa will decide whether a sanction will be imposed.

In August 2003, the Court of Rotterdam passed a ruling on the failure to cooperate in investigations carried out by NMa in a case brought by Texaco. NMa had imposed a fine of EUR 4500 on Texaco because Texaco had not been willing to make certain employees available to answer questions put by NMa. The Court decided that NMa may demand information from all persons who are directly involved in the practices investigated by NMa. In the event of non-cooperation, NMa may impose a maximum fine of EUR4500 per infringement. In the Texaco case, the Court ruled that imposition of the maximum fine was justified.