NMa confirms investigation into construction companies in Dutch province of Limburg

The Netherlands Competition Authority (NMa) confirms that it carried out unannounced company inspections on January 27th, 2009, at various construction companies in the southern Dutch province of Limburg. The NMa carries out company inspections when it suspects the Dutch Competition Act is violated, for example, by price-fixing agreements, by agreements on dividing the market, and by coordinated boycotts. Purpose of these company inspections is to collect evidence in order to determine whether the Act is indeed violated or not.

The fact that the NMa conducts company inspections does not automatically mean that the companies concerned are guilty of anti-competitive behavior, and therefore does not prejudge the outcome of the investigation.

Some 40 officials were involved in these inspections, including IT-specialists to aid the officials in investigating the digital files at these companies. If the outcome of the investigation is that there is a suspicion that the Competition Act is indeed violated, then the NMa may draw up a report. In response to such a report, an undertaking can defend itself either in writing or orally (in a hearing). The NMa will then take a decision whether a violation has taken place or not, and, if it states that there has been one, what the sanction will be.

Simultaneously to the investigation by the NMa, the Dutch Public Prosecution Service (OM) will also conduct an investigation. The NMa is only authorized to investigate violations of the Dutch Competition Act. The NMa does not carry out investigations into possible criminal acts. Only the OM is authorized to do so.

The NMa has no further comment on the current investigation.