NMa Consults Society on Priorities for 2004

To consult the outside world on its priorities for 2004, the Netherlands Competition Authority (NMa) has published a consultation document. The consultation relates both to NMa, and the energy regulator DTe and the Office of Transport Regulation, which is currently being set up. Apart from opinions with regard to the areas that should be given attention in 2004, NMa has also requested responses to the criteria according to which NMa sets its priorities. The consultation is one of the means which NMa uses to make its method of operation transparent and to ensure that it corresponds to the needs of society.

In making choices with regard to which cases should and which should not be taken up, NMa adheres to the following criteria:

• what is the economic importance of the offence?
• how great is the likelihood that NMa will be able to establish that an offence has been committed?
• it is efficient for NMa to take action?
• how serious is the offence?
• what is the interest of consumers?

As part of the consultation, society is asked, for instance, to give its opinions on these criteria.

Each year NMa determines which sectors should be given specific attention. These sectors are selected on the basis of the market structure of the sector, the presence of statutory rules which affect competition and the economic importance of the sector. There is no prior knowledge of infringements of the Competition Act in the selected sectors, but their market relationships increase the likelihood of infringements.

For 2004, NMa has opted to focus on the following areas: the energy, railways, financial markets and healthcare sectors and the topics of tenders (in the broad sense) and procurement power.

The consultation document NMa Agenda 2004 is obtainable from NMa's website www.acm.nl. After the consultation, which runs until 1 October 2003, NMa will determine its definitive agenda for 2004 in December.