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NMa Publishes Leniency Guidelines

Today the Netherlands Competition Authority (NMa) published its Leniency Guidelines as a consultation document. In doing so, NMa has provided clarity on the rules that will be applied in deciding not to impose or to reduce pecuniary fines if undertakings inform NMa of cartels of which they are or were a member. In presenting these guidelines, NMa has taken the next important step towards the quick and effective detection of secret and damaging cartels that have direct consequences on customers and consumers.

The System of Granting Leniency

The undertaking which is the first to give notice of and provide information on a cartel is assured of full fine immunity, on condition that the undertaking did not instigate or play a leading role in initiating the cartel and provided NMa has not yet started investigating the cartel in question.

If NMa has already started an investigation into the cartel, the undertaking that gives notice will be eligible for a reduction in the fine ranging from fifty percent to full fine immunity.

If a member of a cartel is not the first to notify NMa of the cartel or if the undertaking that gives notice is the instigator or leader of the cartel, NMa may grant a fine reduction ranging from ten percent to fifty percent. The level of the fine reduction depends on the stage the investigation has reached, the role of the undertaking within the cartel and the added value of the information. Information will be considered to have added value if NMa does not already have this information and if the information provides evidence of an infringement of the Competition Act.

Conditions for the Granting of Leniency

The undertaking that notifies NMa of a cartel must meet the following conditions in order to be eligible for fine immunity or a reduction in the fine.

  • The undertaking must provide all the information about the cartel which it has or obtains.
  • The information provided must not already be known to NMa and must make it possible for NMa to start an investigation or it must have added value for a current investigation.
  • The undertaking is not an instigator or leader of the cartel and has not encouraged any other undertakings to participate in the cartel.
  • The undertaking gives its full cooperation to the investigation.
  • The undertaking refrains from any practices that may obstruct NMa's investigation.

International

In drawing up the Consultation Document, NMa has examined the way other competition authorities grant leniency. The system applied in the Netherlands corresponds to a large degree to the European Commission's (amended) programme, published in February 2002. Furthermore, the system in the Netherlands is the same as the successful "leniency programmes" applied in the United States and the United Kingdom. In the United States, tens of secret and damaging cartels are uncovered annually on the basis of this programme. In the case of the British cartel authority, in the first year in which the scheme was applied (1998) notice was given immediately of no fewer than seven cartels.

Leniency Office

An undertaking that wishes to be granted leniency may only contact NMa's Leniency Office. The Leniency Office can be reached by telephone at 070 - 330 1710, by fax at 070 - 330 1700 and by e-mail at clementie [at] acm [punt] nl. If undertakings submit a request for leniency to the Leniency Office during the consultation period, the policy set out in the Consultation Document will be applied.

Responses to the Consultation Document

The Consultation Document has been sent to the (organisations of) market players and other competition authorities with a request that they provide comments and suggestions. In addition, the text of the entire document may be obtained as of today from NMa's website: www.nma-org.nl. Responses to the Consultation Document may be submitted in writing or by e-mail. The consultation round will close on 5 April. NMa will take the responses into account in drawing up the final document. NMa aims to publish the final document on its website in mid-May.

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