Dutch swimming pool chemicals distributors are fined more than €3 million by the NMa

The Netherlands Competition Authority (NMa) has imposed fines on five Dutch swimming pool chemicals distributors for engaging in illegal cartel activities – with the fines totaling €3,107,000. One undertaking, although having taken part in the cartel, is not imposed a fine because it had confessed the cartel to the NMa by filing a leniency application.

The following cartel participants have been fined (all private limited companies under Dutch law): H.Fr.H. Breustedt Chemie (€1,440,000), Caldic Nederland (€1,034,000), Solvadis Nederland/Molen Chemie - after acquisition in July 2005: Quaron Wormerveer (€463,000), Vivochem (€119,000) and Internatio - currently: IMCD Benelux (€51,000). The NMa has not imposed a fine on Chemproha Chemiepartner – currently: Brenntag Nederland – because it had been the first to confess the cartel to the NMa before the NMa launched the investigation. In return, Brenntag Nederland completely escapes a fine. Vivochem also filed for leniency, but it did so after Brenntag's application. Vivochem is thus granted a fine reduction of 25 per cent.


The NMa considers proven that the cartel engaged in illegal cartel activities for more than 7 years (between January 1998 and April 2005 – Vivochem until October 2003) in connection with the sale of swimming pool chlorine (sodium hypochlorite) to swimming pools, which use sodium hypochlorite to disinfect pool water. The cartel had a market share of 90 per cent. The cartel had existed long before 1998, when the Dutch Competition Act came into effect.


The cartel's objective was to 'keep the market calm' by sharing customers (swimming pools). The cartel participants used a so-called swimming pool list as a tool. Moreover, they convened bi-annually and also contacted each other outside these 'formal' meetings in order to maintain the customer sharing system.


Market sharing constitutes a very severe violation of the Dutch Competition Act. Pieter Kalbfleish, chairman of the Board of the NMa, reacts: 'It is truly regrettable that these undertakings, which together dominated the market, deliberately eliminated competition. Their long-standing practice of customer sharing has resulted in swimming pools being unable to freely choose a distributor.'


Undertakings and/or natural persons can confess their participation in a cartel to the NMa's Leniency Office, which may lead to a fine reduction or to even completely escaping the fine. More information on leniency can be found on the NMa's website (under Business Information).