NMa completes appeals phase in 'fast-lane' procedure Civil Engineering and Infrastructure sector [GWW-sector]
The Netherlands Competition Authority (NMa) has adopted 11 decisions on appeal in the Civil Engineering and Infrastructure sector [GWW-sector]. In conjunction with the first round of decisions on appeal adopted on 9 November 2006 (33 decisions), this all but completes the 'fast-lane' procedure in the GWW-sector. The decisions on appeal follow sanctions previously imposed on 344 construction companies in total by the NMa in the 'fast-lane' procedure (March 2005).
Fines are being maintained in seven cases. Two companies were found to be in such poor financial conditions that fines were lessened in order to prevent bankruptcy due to NMa fining. On the basis of new information, one of the companies was considered to be eligible for a 15 per cent fine reduction after all. This reduction had been granted to small companies as part of the NMa's 'come-clean operation' in the construction sector. One of the companies will have its fine reduced, as the original fine amount was calculation on the basis of incorrect information.
In case you suspect an infringement
Companies and clients suspecting an infringement of the Competition Act other than the ones already established within the construction sector may report this to the NMa and submit an application for leniency. On the basis of an application for leniency, companies may obtain immunity from fining or a fine reduction ('leniency'), if they themselves inform the NMa of cartels in which they participate or have participated. It is conditional that companies report with the Leniency Office on an individual basis and pass on valuable information. With a view to this, the NMa has drawn up guidelines. The Leniency Office may be contacted via 070 330 1710 (telephone), 070 330 1700 (fax) or email: clementie [at] acm [punt] nl (clementie[at]acm[dot]nl).