OPTA and NMa Request Acceleration of Merger

The Independent Post and Telecommunications Authority [Onafhankelijke Post en Telecommunicatie Autoriteit (OPTA)] and the Netherlands Competition Authority [Nederlandse Mededingingsautoriteit (NMa)] wish to merge as soon as possible. OPTA and NMa will soon present the new Cabinet with a proposal in this regard. Under the proposal, OPTA will become a chamber within NMa

OPTA and NMa are of the opinion that rapid integration will enable them to exercise their tasks to maximum effect. They note that their tasks are ultimately directed towards achieving the same goal, namely, ensuring that markets operate optimally in the interests of both consumers and the business climate. OPTA and NMa already cooperate well together, but believe that they can develop the ‘chamber model’ in such a way that considerable added value will be achieved relative to the present situation.

In the proposed organisational model, OPTA, as a chamber within NMa, will be primarily responsible for matters in the area of telecommunications and postal services. In carrying out its duties, it will cooperate with other parts of NMa. General and sector-specific instruments will be used in a way that results in tailor-made, effective regulation—stricter, where necessary, and more restrained, where possible.

OPTA and NMa are of the opinion that their proposal fits in well with present trends. Within the European context, the new rules applicable to the markets for electronic communication are more in line with general competition law. ICT policy will also be concentrated more within the Ministry of Economic Affairs, according to the coalition agreement. The integration of regulation fits in well with the integration of policy.

The Upper House of the Dutch Parliament will soon take a decision on the Bill that grants NMa the status of an independent public authority and places the management of NMa in the hands of a Management Board. According to OPTA and NMa, the time is now ripe to work on the integration of the regulatory authorities.

The Office for Energy Regulation [Dienst uitvoering en toezicht Energie (DTe)] has already been included in NMa as a chamber. The Netherlands Transport Regulatory Authority [Vervoerkamer] is presently being set up. The last Cabinet wished to include OPTA within NMa as a chamber in 2005. The Cabinet also requested OPTA and NMa to make a joint proposal with regard to the strengthening of their cooperation.