NMa: Active promotion of competition is still necessary

Over the next few months, the Netherlands Competition Authority (NMa) will concentrate on actively tracking down cartels and other restrictions of competition. This was the message of the Acting Director-General of the NMa, René Jansen, during the presentation of the 2002 Annual Report of NMa and DTe, which is the energy regulator and part of the NMa.

The NMa regularly establishes that the Dutch Competition Act has been violated. For this reason, the NMa has recently invested considerable time and effort in strengthening its investigation capacity and investigation techniques. "In this regard, we compete with the best," according to Mr. Jansen. He also emphasized that the NMa will exercise care when carrying out investigations.

The NMa does not only enforce compliance with the prohibition on cartels, but also with the prohibition on the abuse of dominant positions, and the NMa also assesses mergers and acquisitions. In order to determine its priorities for 2004, the NMa will soon start a consultation round regarding the NMa's 2004 Agenda.

The NMa's mission is to "make markets work". "Imposing fines for violations of the Dutch Competition Act is not an end unto itself for the NMa. We also invest in providing companies with transparency, so that it is clear what is and what is not permitted." Mr. Jansen also called for a proper separation of roles. The Dutch legislature is responsible for the Act, the NMa for its enforcement, and the corporate sector for compliance with it. Mr. Jansen adds: "Businesses are also able to thrive within the boundaries of the Competition Act."

In 2002, the NMa drew up a statement of objections due to suspected violations of the Dutch Competition Act on 9 occasions, imposed fines in 6 cases, processed 45 applications for exemptions and 187 complaints, and settled 66 cases relating to mergers and acquisitions by means of a decision. DTe took 375 decisions and advised the Minister in 20 cases. The Office of Transport Regulation concluded three cases by means of a decision.

Over the next few months, the Office for Energy Regulation (DTe) will focus more on quality regulation of the gas networks and electricity grids. "In the coming years, we will have to make sure that energy companies continue to invest sufficiently in the gas networks and electricity grids. In addition, as the regulator, we see an important task for ourselves in ensuring that the liberalization of the energy market for small-scale users is as successful and hassle-free as possible," according to Danielle Haenen, Unit Manager of the Regulation unit of DTe.