NMa and OPTA sign a collaboration protocol

The Netherlands Competition Authority (NMa) and the Independent Postal and Telecommunications Authority (OPTA) have incorporated arrangements for their collaboration with each other in a protocol. These arrangements concern those matters which fall within the jurisdiction of both regulatory authorities. A.W. Kist, the Director-General of NMa, and J.C. Arnbak, the chairman of the OPTA Commission, signed this collaboration protocol this week.

The protocol sets out the time when and manner in which NMa and OPTA will work together. This could occur where both NMa and OPTA enjoy jurisdiction in relation to a specific matter. For example, this could be the case where a company active in the postal or telecommunications sector abuses its economic power. Where a case falls within the jurisdiction of both regulatory authorities, they will consult each other with a view to determining which is better able to deal with it. Amongst other things, such a decision will depend on what the law allows, and available capacity and expertise. In addition, arrangements have been made concerning the uniform interpretation of various terms.

The rationale for collaboration between NMa and OPTA is to ensure effective and efficient law enforcement and decision-making. The arrangements which the two bodies have made with each other, will also serve to tackle ‘forum shopping’. The latter occurs where a company applies to both regulatory authorities simultaneously or one after the other in the hope that at least one of the two will hand down a ruling that is favourable to it.

This is a joint press release of the Netherlands Competition Authority and the Independent Postal and Telecommunications Authority.