NMa saves each Dutch household EUR 36 euro in 2011

The Netherlands Competition Authority’s actions in 2011 have saved Dutch taxpayers EUR 265 million. Compared with its budget (in 2011: EUR 45.5 million), it means that the Netherlands Competition Authority (NMa) has generated an amount almost six times the amount of what the NMa has costed.

By releasing these figures, the NMa gives accountability to the Dutch public. At the NMa’s request, the Netherlands Bureau of Economic Policy Analysis (CPB) has evaluated (in Dutch) the NMa’s calculations.

Chris Fonteijn, chairman of the Board of the NMa, reacts to these figures: ‘These savings mean that each household has saved EUR 36. This figure is based on the extensive range of cases we deal with every year, such as illegal practices by property traders at foreclosure auctions, opening up the gas market, regulation of energy network operators, and reviewing merger and acquisition plans in order to prevent unfair competition. These are often cases that directly affect the interests of consumers. In that light, I genuinely believe that the yet-to-be-created regulatory authority, the Netherlands Authority for Consumers and Markets (ACM), which will integrate the activities of the NMa, the Independent Post and Telecommunications Authority of the Netherlands (OPTA), and the Netherlands Consumer Authority, will be able to protect consumer interests even better.’

Considering the upcoming consolidation of these three authorities, which will officially take place on January 1, 2013, the NMa has decided to extend its 2010-2011 Agenda for another year, thus continuing to focus on health, financial and business services, the processing industry, and transport. Obviously, the NMa also continues to enforce industry-specific oversight on the energy and transport markets. This spring, all three authorities will consult with public stakeholders as part of their preparations for the release of ACM’s first regulatory agenda in 2013.

The 2011 Annual Bulletin (in Dutch) gives an overview of cases the NMa dealt with last year that come from the focus industries mentioned in the NMa 2010-2011 Agenda.

The annual bulletin further reveals that the NMa in 2011 imposed fines in nine cases, totalling EUR 50.1 million, which includes two personal fines. In addition, 18 investigations into suspicions of violations of the Dutch Competition Act were completed, ten of which resulted in statements of objections. Furthermore, six cases were suspended due to insufficient evidence, and two cases were completed by means of an instrument other than a statement of objections, for example, because the parties involved modified their procedures and/or rules aligning them with the Dutch Competition Act.

In 2011, the NMa was notified of 98 concentrations (mergers, acquisitions, and joint ventures), eight of which were retracted. In 87 concentration cases, the NMa issued a decision, and, in five cases, it decided the planned concentrations required licenses so it could carry out further investigations into their potential effects.

Currently, the NMa is carrying out five investigations under the Dutch Railway Act. In addition, it set the pilotage tariffs for 2012, among other tariffs. The NMa also issued 87 energy-related decisions (method decisions, implementation methods, and enforcement methods), and settled roughly 20 energy disputes.

The NMa in 2011 handled more than 85,000 questions, indications, and tip-offs related to competition, energy, and transport. Most of these were submitted to ConsuWijzer, the consumer information portal jointly operated by OPTA, the Netherlands Consumer Authority, and the NMa.

• Publicatie Outcome van NMa-optreden (in Dutch)