Anticipating cartel and merger control

In 2010, the NMa commissioned Dutch research firm SEO Economisch Onderzoek to carry out a study into the deterrent effects of concentration control and cartel control. To this end, SEO conducted widespread surveys among over 500 companies, and almost 100 lawyers and other advisers. The results suggest that for every cartel that the NMa fines, there are five cases in which companies adjust or dissolve their cartels as a preemptive move against possible NMa investigations. In addition, for every 100 merger notifications that the NMa processes, 18 concentration plans are either adjusted or cancelled. When it comes to concentration plans or illegal agreements with competitors, companies and their advisors thus appear to take into account the NMa's anticipated reaction.