NMa confirms previously established cartel infringements in construction industry

The Netherlands Competition Authority (NMa) has on appeal confirmed that 32 undertakings in the civil engineering sector and infrastructure sector [GWW] and 12 undertakings in the installation engineering sector have participated in a nationwide cartel structure, thus infringing the prohibition of cartels. The decisions on appeal follow sanctions imposed through fast-lane procedures (road construction and civil engineering sector, March 2005; installation engineering sector, October 2005).

Fines previously imposed on 9 undertakings in the road construction and civil engineering sector have been reduced. In the appeal phase it emerged that, among other things, turnover figures in the benchmark year, used for calculating the base fine, proved not to be representative when compared to the figures for other years during the infringement period.

In case you suspect an infringement
Undertakings and commissioners suspecting an infringement of the Competition Act other than the ones already established within the construction sector, may report this to the NMa and submit an application for leniency. On the basis of an application for leniency, undertakings may obtain immunity from fining or a fine reduction ('leniency'), if they themselves inform the NMa of cartels in which they participate or have 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 070 330 1710 (telephone), 070 330 1700 (fax) or email: clementie [at] acm [punt] nl (clementie[at]acm[dot]nl).