NMa maintains decision on emergency call centres for car salvage disposal services

After further investigation, the Netherlands Competition Authority (NMa) maintains its earlier decision in the case pertaining to emergency call centres for car salvage disposal services. On the basis of additional research, the competition authority continues to adhere to its conclusion that the complaint lodged by the Alarm Centrale Nederland B.V. (ACN) is unfounded. The NMa does not see factual grounds for the allegation that the Stichting Incident Management Nederland (SIMN) infringes the Competition Act.

In 2002, ACN lodged a complaint against SIMN, a collaborative organisation of seven emergency call centres active in the Netherlands, which contracts car salvage disposal services on motorways and the main connecting roads. According to ACN, SIMN and the alarm centres operative within it, is supposed to have exerted pressure on car salvage disposal companies not to enter into contract with ACN. As a result, the new competing emergency call centre ACN was supposedly unable to enter the market. At the time, the NMa started an investigation and concluded in 2003 that SIMN did not abuse a possibly dominant position. ACN then appealed against this ruling. The court subsequently indicated that the NMa should undertake further investigation into the ACN complaint.

In accordance with the court ruling, the NMa carried out further investigation. In so doing, the NMa heard other salvage workers and several staff officers at alarm centres. It also performed an investigation at SIMN. This additional research too, did not yield sufficient factual ground for establishing an infringement of the Competition Act committed by SIMN.

Furthermore, the competition authority investigated a separate complaint by ACN contending that SIMN abused its position by refusing ACN access to SIMN. The NMa concludes that SIMN had a justified reason for doing so. SIMN focuses on contracting car salvage disposal companies. ACN shareholders are likewise companies providing car salvage disposal services. If ACN were to gain access to SIMN, these shareholders would have an advantage over competing car salvage disposal companies as they may have access to tenders, contracts, tariffs and conditions drawn up by competitors.

The decision will shortly be made available on the NMa website (www.acm.nl).