NMa dismisses objections filed by former employees of undertakings

In July and November 2009, the Netherlands Competition Authority (NMa) imposed fines on two former employees of two undertakings for failure to cooperate with NMa investigations. Both of these individuals subsequently filed objections against these fining decisions. The NMa has now decided to dismiss the objections.

The NMa did however lower the fine of one of these individuals from EUR 100,000 to EUR 90,000. When it imposed the fine in November 2009, the NMa took into account this individual's financial position. During the objection proceedings, he provided the NMa with more detailed information regarding his financial position, which gave rise to the reduction of the fine. The other individual's fine of EUR 150,000 remains unchanged.


The NMa had demanded information from the two former employees, who left their respective employers several years ago, within the context of an investigation into possible violations of the Dutch Competition Act by those undertakings. Under the Dutch General Administrative Law Act, everyone is obliged to cooperate in NMa investigations. By repeatedly refusing to answer questions posed by the NMa, said individuals thus failed to provide information, which constituted a violation of their legal obligation to cooperate, on the basis of which the NMa imposed fines on them.


The maximum fine the NMa can set in case of violations of the obligation to cooperate in an investigation is EUR 450,000.