NMa revises fines on tree nurseries

The NMa has reduced the fines on two tree nurseries in a new decision. After the decision was taken on 13 November 2007, it appears that the data on the sales the companies had provided the NMa with were incorrect.

The reduction of the fines does not detract from the seriousness of the violation that had taken place earlier: making cartel agreements. The NMa reduced the fines because they were based on incorrect data about the sales which the two companies had previously provided to the NMa.

Previous history
Last year the NMa fined seven tree nurseries for making cartel agreements. The fines on the other tree nurseries are being upheld. The relevant companies consulted each other to varying degrees prior to tendering for contracts for tree nursery products such as trees and shrubs to municipalities. A tender agreement is a very serious violation of the Competition Act. The municipalities were disadvantaged by the cartel agreements because they paid a higher price than the one that would have been established in normal competition.

Suspicion of a violation?
Companies and their clients who suspect that a violation of the Competition Act has occurred, other than the violations that have already been detected in the construction sector, can report this to the NMa. Companies and finable natural persons can submit a leniency application. On the basis of a leniency application, companies and finable natural persons may obtain fine immunity or reduction of the fine ('leniency') if they provide information to the NMa about cartels they are or have been involved with. The condition is that they report to the NMa Leniency Office and provide valuable information. The NMa has drawn up guidelines for this. The NMa Leniency office can be reached via phone number 070 330 1710, fax 070 330 1700 or email: clementie [at] acm [punt] nl (clementie[at]acm[dot]nl).