NMa: Examines pledges to stop cartels

At the end of this month, the Netherlands Competition Authority (NMa) will carry out inspections of a number of undertakings. During inspection visits, the competition enforcer determines whether previously made promises to discontinue practices with the object or effect of distorting competition, have been kept. In so doing, the NMa reviews whether undertakings or organisations of undertakings, after having been warned by the NMa in the past, have refrained from resuming or continuing cartel practices. The inspections will take place from 29 May to 2 June 2006.

At the end of this month, the Netherlands Competition Authority (NMa) will carry out inspections of a number of undertakings. During inspection visits, the competition enforcer determines whether previously made promises to discontinue practices with the object or effect of distorting competition, have been kept. In so doing, the NMa reviews whether undertakings or organisations of undertakings, after having been warned by the NMa in the past, have refrained from resuming or continuing cartel practices. The inspections will take place from 29 May to 2 June 2006.

Tjark Tjin-A-Tsoi, Director of the Antitrust Department of the NMa, explains the enforcement effort: 'In the weeks ahead undertakings themselves may first of all take stock of their situation. Should an undertaking detect irregularies, it may submit a request for leniency. Also, we aim to receive an increased number of tip-offs as a result of this effort.'

By asking questions and inspecting relevant documents during its inspection visits, the NMa will verify whether previous cartel behaviour has not in one way or another reasserted itself. NMa officers may inquire about various aspects of business operations of company concerned, e.g. contractual relations with buyers or participation in cooperation agreements.

On the basis of a leniency request, undertakings may be granted immunity from fining or a reduction of the fine ('leniency'), if they inform the NMa of cartels in which they have themselves participated. It is conditional that undertakings report with the Leniency Office on an individual basis and pass on valuable information. With a view to this, the NMa has drawn up guidelines. The Leniency Office may be contacted via +31 (0)70 330 1710 (telephone), +31 (0)70 330 1700 (fax) or email: clementie [at] acm [punt] nl (clementie[at]acm[dot]nl).