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NMa Issues Fines Due to Incorrect Notification of a Merger

The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because the parties provided NMa with incomplete information regarding the proposed takeover of Correct Express Beheer B.V., a part of Trans-o-flex, by Deutsche Post.

In their notification, the parties fail to mention the market for parcel deliveries as a market that could be affected by the takeover. NMa is required to ascertain within four weeks of the notification whether a dominant position will arise on the Dutch market as a result of a merger or takeover. Since NMa has to form an opinion with regard to the market and the position of the parties on this market within this short period, it is essential that the parties provide NMa with correct and complete information.