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NMa imposes fine on a former employee of an undertaking for non-cooperation with an investigation

The Netherlands Competition Authority (NMa) has imposed a fine of €100,000 on a former employee of an undertaking for refusing to cooperate with an antitrust investigation conducted by the NMa.

While investigating possible violations of the Dutch Competition Act by the undertaking in question, the NMa demanded information from the former employee, who had left that undertaking several years ago. The former employee held several commercial management positions within the undertaking.

Under the Dutch General Administrative Law Act, individuals are legally required to cooperate with an NMa investigation. By not answering the questions of the NMa (relevant to the investigation), the former employee has thus not given the requested information. This constitutes a breach of the statutory obligation for individuals to cooperate, and, as a consequence, the former employee has been fined.

Based on the gravity of the breach, the NMa has set the fine at €100,000. The NMa has taken into account this individual's personal financial situation. The maximum fine the NMa can impose for non-cooperation with an investigation is €450,000.