Uniform European approach to competition-law violations

A number of fundamental safeguards for the enforcement of compliance with competition rules have been laid down in the European ‘ECN+’ Directive. These safeguards are independence, sufficient funds and staff, and sufficient enforcement powers. European directives must be transposed into national laws and regulations. That is why Dutch laws have also been amended.

As a result of this Directive, all European competition authorities will have, at a minimum, the same investigation and enforcement tools. This Directive also safeguards the independence of the authorities. That will benefit the unity of European market oversight.

Until recently, there had been major differences between member states. For example, some competition authorities did not have the power themselves to demand documents from companies. Other competition authorities were only able to impose fines for cartel activities after a criminal-court judge had stepped in. The Netherlands Authority for Consumers and Markets (ACM) already had almost all of the powers that have been set out by the Directive.

The Directive also ensures smooth collaborations between competition authorities, for example, when exchanging information, and collecting fines. In addition, the general rules regarding leniency have now also been harmonized across Europe. This means that companies that do business in multiple EU countries do not have to deal with different leniency rules if they voluntarily provide a competition authority with information about their involvement in a cartel. Companies that wish to come clean in that manner are able to have their fines reduced by up to 100 percent.

An ‘interim measure’ to prevent harm

As a result of this Directive, ACM has a new tool at its disposal, which is called the interim measure. With this interim measure, ACM is able, during investigations into distortions of competition, to step in and put an end to harmful behavior immediately. The ‘interim measure’ may be necessary if developments in a market are taking place in rapid succession. ACM investigations, including legal proceedings, often take a long time. With these interim measures, irreparable harm can be prevented. 

See also

• Implementation of ECN+ Directive in the Netherlands (external website) (in Dutch)
• Order in Council regarding leniency (external website) (in Dutch. An English version of this Order in Council will be published soon)
• The European Directive ECN+ (external website)
• File a leniency request: confess your involvement in a cartel