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Regulations

Amicus Curiae power

18-08-2014

The Netherlands Authority for Consumers and Markets (ACM) is authorized, like its predecessor the Netherlands Competition Authority (NMa), to submit, of its own accord, written observations to their national courts in cases in which it is no party itself. This power is also referred to as the power to intervene as ‘amicus curiae’ in civil-law proceedings.

Following an amendment to the law on January 1, 2013, the amicus-curiae power was transferred from the Dutch Competition Act to the Dutch General Administrative Law Act. In addition, the NMa had drawn up guidelines in which it indicated in what way it would use the power to intervene as amicus curiae. These Amicus Curiae Guidelines were repealed on January 1, 2013, and will be revised by ACM.

ACM may intervene as amicus curiae if, in its opinion, competition law (at a substantive level or otherwise) is explained and/or applied incorrectly. The observations of ACM are of an advisory nature, and are not binding on the courts.