NMa confirms investigation into Dutch mobile network carriers
The Netherlands Competition Authority (NMa) confirms that it carried out dawn raids today at a number of mobile network carriers in the Netherlands. The NMa is investigating whether cartel agreements have been made. In the interest of the investigation, the NMa cannot comment on it any further.
The NMa carries out dawn raids when it suspects the Dutch Competition Act is violated, for example, by market-sharing or price-fixing agreements. The objective of such dawn raids is to gather information in order to determine whether or not the Competition Act has indeed been violated. The fact that the NMa has carried out dawn raids does not automatically mean that the carriers in question are guilty of anti-competitive behavior, and therefore does not prejudge the possible outcome of the investigation.
The investigation’s procedure is as follows: should the NMa’s investigation lead to the conclusion that a violation of the Competition Act can be reasonably presumed, the NMa will draw up a report against the undertakings and/or the natural persons involved. In that case, the undertaking or natural person has the opportunity to defend itself/himself, both in writing or orally (at a hearing). Once the parties involved have been heard, the NMa will decide whether the presumed violation can be established as fact, and if so, what sanction should be imposed on the undertakings or natural persons involved.
The NMa cannot comment on the estimated length of the current investigation.