Key Benefits:
Law of 22 May 1997, laying down new rules on economic competition (Competition Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to replace the Economic Competition Act with new rules on restrictive practices and dominant positions, as well as to lay down rules on supervision of the competition law. concentrations between undertakings, and thereby to the extent possible to the rules on competition under the Treaty establishing the European Community;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. Consumer and Market Authority: Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
c. [ Red: Expiring;]
d. Treaty: the Treaty on the Functioning of the European Union;
(e) Agreement: an Agreement within the meaning of Article 101 (1) of the Treaty;
(f) Company: an undertaking within the meaning of Article 101 (1) of the Treaty;
(g) an association of undertakings: an association of undertakings within the meaning of Article 101 (1) of the Treaty;
h. concerted practices: concerted practices within the meaning of Article 101, first paragraph, of the Treaty;
(i) economic dominance: the position of one or more undertakings which enables them to prevent the maintenance of effective competition on the Dutch market or part thereof by giving them the opportunity to take up their position in the Netherlands; To a large extent independent of their competitors, their suppliers, their customers or the end-users;
j. [ Red: Expiring;]
k. Regulation 1/2003 : Regulation (EC) 1/2003 of the Council of the European Union of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (PbEG 2003, L 1);
l. Regulation 139/2004 : Regulation (EC) 139/2004 of the Council of the European Union of 20 January 2004 on the control of concentrations between undertakings (PbEG L 24);
m. competition regulation: Regulation mentioned in parts k and l;
n. consumer organisations: foundations or associations with full jurisdiction which, under their statutes, are responsible for representing the collective interests of consumers.
The Consumer and Market Authority is entrusted with the supervision of compliance with or under this Law.
1 Our Minister may carry out the Consumer and Market Authority work in the context of the implementation of rules on competition under the Treaty, in so far as it is not already in or under the law of the Treaty. (i) provide for competition in the field of competition in connection with other conventions or international agreements.
2 Our Minister may give instructions to the Consumer and Market Authority on the performance of the work referred to in paragraph 1, as well as on the position to be taken by the Consumer and Consumer Authority in a position to be taken by the Authority in a Member State. Advisory Committee referred to in Article 14, second paragraph, of Regulation 1/2003 and Article 19, fourth paragraph, of Regulation 139/2004, except that a statement on a position in an Advisory Committee does not address the competition aspects of an individual case.
1 Our Minister may, at the request of one of our other Ministers, submit to the Consumer and Market Authority a report on the effects on competition of planned or current regulations or of a proposed or a applicable decision.
2 Reporting to one of our other Ministers is to be made through the intervention of our Minister.
3 At the request of one or both of the Chambers of the States-General, the Authority will report to the two Chambers of the States-General, with the intervention of our Minister. Our Minister shall forward the reporting to the two Chambers of the States-General without delay. Our Minister may be able to accompany the reporting of his findings.
Policy rules relating to the exercise of the powers granted to the Consumer and Market Authority in this Act may relate or relate to the manner in which the Authority of Consumer Protection and Market applies Article 6, third paragraph In other words, interests other than economic interests must be included in the balance.
1 The Consumer and Market Authority shall lay down proposed policy rules concerning the exercise of the powers conferred on it by this Act for at least four weeks before its adoption.
2 If the proposed policy rules in the judgment of Our Minister contradict the importance of a proper exercise by the Consumer and Market Authority, Our Minister informs this to the Authority of Consumer and Market within the two weeks after the rules have been submitted to him.
3 If Our Minister has made a notification as referred to in the second member, the Authority shall not adopt the Policy Rules.
4 The Consumer and Market Authority makes known policy rules adopted by it in the Official Gazette.
1 Prohibited are agreements between undertakings, decisions by associations of undertakings and concerted practices of undertakings which have as their object or effect the effect of competition on the Dutch market or part of the market preventing, restricting or falsifying them.
2 The agreements and decisions prohibited under the first paragraph shall be automatically void.
3 The first paragraph shall not apply to agreements, decisions and concerted practices which contribute to the improvement of production or distribution or to the promotion of technical or economic progress, provided that (i) a fair share of the resulting benefits will benefit users, and without, however, the undertakings concerned
a. to impose restrictions which are not indispensable for the attainment of those objectives; or
(b) give the possibility, in respect of a substantial part of the goods and services concerned, of eliminating competition.
4 An undertaking or association of undertakings which relies on the third paragraph shall prove that that member has been satisfied.
1 Article 6, first paragraph The following shall not apply to agreements, decisions and concerted practices referred to in that Article where:
(a) there are no more than eight undertakings involved in the agreement or concerted practice in question or eight undertakings are not involved in the association of undertakings concerned; and
(b) joint turnover in the previous calendar year of the undertakings concerned by the agreement or concerted practice in question or the joint turnover of the undertakings involved in the association of undertakings concerned; the undertakings concerned do not exceed the following:
1 °. € 5 500 000, where only undertakings are involved whose activities focus essentially on the supply of goods;
2 °. € 1 100 000, in all other cases.
2 Without prejudice to paragraph 1, Article 6, first paragraph , moreover, not for agreements, decisions and concerted practices referred to in that Article in so far as they involve undertakings or associations of undertakings which are actual or potential competitors in one or more of the more of the relevant markets, if:
(a) the combined market share of the undertakings or associations of undertakings concerned by the agreement, decision or concerted practice in none of the relevant markets to which the agreement, decision or decision concerted practice of influence is greater than 10%; and
(b) the agreement, decision or concerted practice cannot appreciably affect trade between Member States in a appreciable manner.
3 In the case of separate agreements between an undertaking or an association of undertakings and two or more other undertakings having the same meaning, for the purposes of the first paragraph which are the same as one of the following: match.
4 In the case of a general measure of management, provision may be made, where necessary, under rules and restrictions, that: Article 6, first paragraph , does not apply to categories of agreements, decisions or practices as defined in that measure, as defined in that Article, which are generally of a clearly subordinate nature from a competitive point of view.
5 The number set out in paragraph 1 (a) and the amounts referred to in paragraph 1 (b) may be amended by a general measure of management.
1 The calculation of turnover referred to in Article 7 (b) (b) , on the basis of the provisions of the Article 377, 6th paragraph, of Book 2 of the Civil Code for net turnover.
2 If an undertaking belongs to a group as referred to in Article 24b of Book 2 of the Civil Code For the purpose of calculating the turnover of that undertaking, the turnover of all the undertakings belonging to that group shall be added. For this calculation, transactions between the companies belonging to that group shall be excluded.
3 For the calculation of the aggregate turnover of the undertakings concerned, Article 7 (b) (b) , the transactions between those undertakings are not taken into account.
1 The Consumer and Market Authority may contract between undertakings, a decision by an association of undertakings or a concerted practice of undertakings subject to the provisions of the Article 7, first, second or fourth members , Article 6, first paragraph , not applicable, by decision Article 6, first paragraph , if that agreement, that act or practice, in view of the conditions of the market in the relevant market, significantly impair competition, it shall apply to that agreement.
2 At the time of preparation of the decision Section 3.4 of the General Administrative Law applicable.
3 The decision shall not enter into force less than six weeks after the date of its opening in accordance with Article 3:44, first paragraph, part a, of the General Administrative Law .
Article 6 shall not apply to agreements, decisions and practices referred to in that Article which are directly linked to a concentration as referred to in Article 27 , and are necessary for the realisation of the concentration concerned.
For agreements, decisions and practices as referred to in Article 6, first paragraph , where at least an undertaking or association of undertakings is involved in the management of services of general economic interest by law or by an administrative body. Article 6, first paragraph , in so far as the application of that Article does not obstruct the performance of the particular task assigned to that undertaking or association of undertakings.
Article 6, first paragraph , does not apply to agreements between undertakings, decisions by associations of undertakings and concerted practices of undertakings for which a regulation of the Council of the European Union or a regulation of the European Union provides European Commission Article 101, first paragraph, of the Treaty has been declared inapplicable.
1 Article 6, first paragraph -does not apply to agreements between undertakings, decisions by associations of undertakings and concerted practices of undertakings which do not affect trade between the Member States of the European Union or does not prevent, restrict or distort competition within the common market but which, if it is the case, would be exempted under a regulation as provided for in Article 12 .
2 The Consumer and Market Authority may contract between undertakings, a decision by an association of undertakings or a concerted practice of undertakings to which the first paragraph provides Article 6, first paragraph , not applicable, by decision Article 6, first paragraph , apply, if circumstances arise such as those that could lead to the exclusion of the regulation under the regulation in question.
3 At the time of preparation of the decision Section 3.4 of the General Administrative Law applicable.
4 The decision shall not enter into force less than six weeks after the date of its opening in accordance with Article 3:44, first paragraph, part a, of the General Administrative Law .
Article 6, first paragraph -shall not apply to agreements between undertakings, decisions by associations of undertakings and concerted practices of undertakings subject to a derogation granted under Article 101 (3) of the Treaty.
1 In the case of a general measure of management, it may be determined, if necessary under rules and restrictions, that Article 6, first paragraph , does not apply to categories of agreements, decisions and practices as defined in that measure as referred to in that Article, which contribute to the improvement of production or distribution or to the promotion of technical or economic activities progress, provided that a fair share of the resulting benefits benefits the users, and without however to the undertakings concerned
a. to impose restrictions which are not indispensable for the attainment of those objectives; or
(b) give the possibility, in respect of a substantial part of the goods and services concerned, of eliminating competition.
2 In a general measure of management as referred to in paragraph 1, it may be determined that the Authority and Market Act on an agreement, decision or practice for which under that measure Article 6, first paragraph Where Article 6 (1) is not applicable, the first paragraph of application may not apply where the requirements laid down in that general measure of management are satisfied.
3 At the time of preparation of the decision Section 3.4 of the General Administrative Law applicable.
4 The decision shall not enter into force less than six weeks after the date of its opening in accordance with Article 3:44, first paragraph, part a, of the General Administrative Law .
Article 6, first paragraph , do not apply to:
a. A collective agreement as referred to in Article 1, first paragraph, of the Collective Labour Agreement Act ,
b. an industry agreement between one or more employers ' organisations and one or more employee organisations only with regard to retirement as referred to in Article 3 (1) of the Treaty; Article 1 of the Pensions Act ,
(c) an agreement or decision by an organisation of a free profession solely on the basis of the participation in an occupational pension scheme, as referred to in Article 3 (2) of the Treaty; Article 1 of the Compulsory Occupational Pension Scheme Act , if in accordance with Article 5 of that Act , with regard to such an arrangement, a request has been made to a commitment by Our Minister for Social Affairs and Employment and the request has not been rejected.
1 The abuse of an economic dominant position is prohibited by undertakings.
2 The implementation of a concentration as defined in Article 27 shall not be considered to constitute an abuse of an economic dominant position.
1 In so far as the application of Article 24, first paragraph The Authority may, on request, declare that the performance of the management of a service of general economic interest conferred by law or by an administrative body to an undertaking prevents the operation of a service of general economic interest. Article 24, first paragraph , does not apply to a conduct that has been designated thereby.
2 A decision as referred to in paragraph 1 may be given under restrictions; rules may be made in a decision.
For the purposes of this Chapter:
a. Directive: Directive No 2006 /111/EC of the Commission of the European Communities of 16 November 2006 (PbEG L 318) on the transparency of financial relations between Member States and public undertakings and on financial transparency within certain Member States (OJ L 318, 16.11.2006, p. undertakings;
(b) law only: a right which is granted by law or by a decision of an administrative body to an undertaking, which reserves the right to provide a service within a given geographical area; carrying out or carrying out an activity;
(c) special law: a right which is granted by law or by decision of an administrative body to a limited number of undertakings and which, within a given geographical area, is:
1. the number of such undertakings which may carry out a service or carry out an activity in a manner different from objective, proportionate and non-discriminatory criteria may be reduced to two or more;
2. several competing undertakings which may carry out a service or carry out an activity in a manner different from those specified in accordance with those criteria; or
3. to one or more undertakings, in a manner other than in accordance with those criteria, granted advantages which significantly impede any other undertaking in the possibility of having the same activities within the same geographical area, Essentially exercise equivalent conditions;
d. various activities: on the one hand, products or services in respect of which a particular or exclusive right has been granted to an undertaking, or all services of general economic interest with which an undertaking is entrusted and, on the other hand, any other separate product in respect of which the undertaking operates in respect of any other separate service.
1 Undertakings to which a special or exclusive right has been granted pursuant to Article 106 (1) of the Treaty or which have been entrusted with the operation of a service of general economic interest pursuant to Article 106, second paragraph of the Treaty, receive compensation in respect of this service in any form, and carry out those different activities, records such as to:
a. The recording of the burdens and benefits of the various activities are separate;
(b) all burdens and benefits, on the basis of consistently applied and objectively justifiable cost accounting principles, are correctly allocated;
c. The accounting principles according to which the administration is conducted shall be clearly established.
2 The company shall retain the data referred to in points (a), (b) and (c) of the first paragraph for a period of five years from the end of the accounting year to which the data relate.
Article 25b, first paragraph , does not apply to activities falling within the scope of specific provisions adopted by the European Union relating to separate administration, other than those of the Directive.
1 Article 25b, first paragraph , furthermore, does not apply to:
(a) undertakings providing services which are not liable to affect trade between Member States in a appreciable manner;
(b) undertakings whose total net annual turnover is less than € 40 million during the two financial years preceding the financial year in which the undertaking has benefited from a special or exclusive right pursuant to Article 106; is entrusted with the operation of a service of general economic interest in accordance with Article 106 (2) of the Treaty;
(c) undertakings entrusted with the operation of a service of general economic interest for a reasonable period, in accordance with Article 106 (2) of the Treaty, if the State aid in any form, including a grant, is support or compensation, which they received, was established following an open, transparent and non-discriminatory procedure.
For the purpose of paragraph 1 (b), the net annual turnover for public banks shall be replaced by a balance sheet total of less than € 800 million.
3 The amount referred to in paragraph 1 (b) and the amount referred to in paragraph 2 may be amended by means of a regulation of our Minister if the amendment results from a binding act of an institution of the European Union.
If the European Commission requests that data be made available in the Article 25b, first paragraph The company, which enters into this issue, shall provide the Consumer Authority and Market with the relevant information within the time limit set by the Authority. The Consumer and Market Authority shall transmit the information to the European Commission.
In the event of proper implementation of the Directive, detailed rules on the application of this Chapter may be laid down under the Minister's arrangements.
1 In this chapter and the provisions based thereon, public undertakings are defined as follows:
(a) an undertaking with a legal personality governed by private law, other than a personal partnership with legal personality, in which a legal person governed by public law, together with one or more legal persons governed by public law, is not state is the policy to be determined;
(b) an undertaking in the form of a person company in which a legal person governed by public law is involved.
2 A legal person governed by public law is only able to determine the policy within the meaning of paragraph 1 (a) only in an undertaking:
(a) if, together with one or more other legal entities governed by public law, he or she has the majority of the voting rights attached to the shares issued by the legal person of the undertaking;
(b) where more than half of the members of the management or supervisory board are appointed by one or more legal persons governed by public law, or by members or shareholders who are a legal person governed by public law;
c. if the undertaking is a subsidiary in the sense of Article 24a of Book 2 of the Civil Code is of a legal person to which Part (a) or (b) applies; or
d. in other cases, to the extent necessary by a general measure of management.
1 This Chapter shall not apply to:
a. Public Schools as referred to in Article 1 of the Law on Primary Education , Article 1 of the Law at the centres of expertise , and Article 1 of the Law on secondary education ;
b. public institutions as specified in Article 1.1.1, point (c) of the Education and Vocational Education Act ;
c. public institutions as referred to in Article 1.1 (h) of the Law on Higher Education and Scientific Research ;
d. the institutions referred to in Article 1.5 of the Law on Higher Education and Scientific Research , and the organizations referred to in Article 3 of the TNO Act and in Article 2 of the Law of the Dutch Organisation for Scientific Research ;
e. public media settings as specified in Article 1.1 of the Media Act 2008 .
2 This Chapter shall not apply to the provision of goods or services by administrative bodies to other administrative bodies or to public undertakings to the extent that such goods or services are intended for the performance of a public-law mission.
3 This Chapter shall not apply to administrative bodies as referred to in Article 1.1, first paragraph, point (b) of the General Administrative Law and on administrative bodies of public bodies of appeal and holding established on the basis of Article 134 of the Constitution .
4 This Chapter shall not apply where the economic activity of a governing body is subject to a measure which, in the opinion of the Governing Body, may be considered to be an aid measure the criteria laid down in Article 107, first paragraph, of the Treaty.
5 This chapter does not apply to economic activities and to a benefit as referred to in Article 25j , which take place respectively in the public interest.
6 Determining whether economic activities or a biased take place takes place in the public interest, respectively, for provinces, municipalities and waterboards by provincial states, the municipal council or the general public. administration and for the State and for self-employed administrative bodies as referred to in Article 1 (a) of the Framework Law on independent administrative bodies by the Minister for it.
1 An administrative body carrying out economic activities shall charge the customers of a product or service at least the integral costs of that product or service.
2 The first paragraph shall not apply:
(a) where economic activities are designed to exercise a particular or exclusive right to the effect of: Article 25a (c) and (b) respectively , and rules already apply to the prices charged for the activities in question;
(b) where economic activities entail the provision of information obtained by the administrative body in the exercise of its public-law powers or the provision of data files from the said data have been compiled;
c. on economic activities carried out by an undertaking entrusted with the implementation of the Social employment law , as far as these activities are concerned Article 5 of that Act is applicable.
3 In determining the integral costs referred to in paragraph 1, the amount eligible for the financing of foreign assets and own funds to the extent that it is reasonably attributable to the economic activities shall be eligible. taken as a result of the operation of the Community market, taken as a whole, which is not lower than the costs normally used for the financing of undertakings
4 At the request of the Consumer and Market Authority, a governing body shall demonstrate that it has complied with the obligation laid down in paragraph 1.
1 A governing body does not favour a public undertaking, in the sense of: Article 25g, first paragraph , is involved, above other undertakings with which that public undertaking enters into competition and does not otherwise have any advantages in such a public undertaking which go beyond normal trade.
2 In any case, the following shall be considered to be favoured as referred to in the first paragraph:
(a) permit the use by the public undertaking of the name and image of the public-law legal person of the administrative body in a manner which would cause confusion to the public over the origin of goods and services;
b. supply of goods to, the provision of services for, and the making available of funds to the public undertaking at a charge lower than the integral costs.
3 The first paragraph shall not apply:
a. If the preferential relationship is related to economic activities in pursuit of a special or exclusive right to the meaning of Article 25a (c) and (b) respectively , and rules already apply to the prices charged for the activities in question;
(b) where, in the opinion of the governing body, the advantage may be regarded as an aid measure which fulfils the criteria of Article 87 (1) of the Treaty;
c. on economic activities carried out by an undertaking entrusted with the implementation of the Social employment law , as far as these activities are concerned Article 5 of that Act is applicable.
An administrative body shall use information obtained in the context of the implementation of its public-law powers only for economic activities not required for the implementation of the powers governed by public law, if the latter are data can also be made available to third parties.
Where an administrative body exercises a body governed by public law in respect of economic activities carried out by the same or another administrative body of the legal person governed by public law, it shall be prevented from doing so that the same persons may be involved in the exercise of competence as well as in the conduct of economic activities.
1 In the case of, or under general management, detailed rules on the application of the Articles 25i and 25j .
2 The detailed rules referred to in paragraph 1 shall cover, in each case, the costs incurred by the Article 25i, first paragraph The costs are to be calculated on the basis of which the costs are to be calculated and those which are based on principles for the allocation of indirect costs.
3 The detailed rules pursuant to paragraph 1 shall be drawn up after consultation with:
a. the Minister of the Interior and Kingdom Relations in so far as the rules apply to municipalities or provinces; and
b. the Minister of Infrastructure and the Environment to the extent that the rules relate to waterboards.
Chapter 3 of the Act of Incomposition Consumer and Market Authority shall apply to the enforcement of the provisions of this Chapter, with the exception of: § 2 . and the Articles 12j , 12k , 12l , 12m, first paragraph, parts a and b, and second member , 12o and 12v of that chapter .
For the purposes of this Chapter, 'control' means the ability to exert a decisive influence on the activities of an undertaking on the basis of factual or legal circumstances.
1 The term 'concentration' means:
(a) the merging of two or more previously independent undertakings;
b. acquisition of control directly or indirectly by
1 °. one or more natural or legal persons who already have control of at least one undertaking; or
2. one or more undertakings of one or more other undertakings or parts thereof through the acquisition of holdings in the capital or of assets, under an agreement or by any other means.
2 The establishment of a joint undertaking fulfilling all the functions of an autonomous economic entity on a sustainable basis shall be a concentration within the meaning of paragraph 1 (b).
1 By way of derogation from Article 27 shall not be considered to be a concentration:
a. The banks, financial institutions or insurers as referred to in Article 1: 1 of the Law on Financial Supervision -to whose normal activities the marketing of transferable securities on its own account or on behalf of third parties is temporarily held by the undertaking which they acquired in an undertaking in order to sell those holdings, provided that they do not voting rights attached to these participations do not exercise in order to determine the market conduct of that undertaking, or they exercise these voting rights only in order to prepare for the sale of those holdings, and this sale takes place within one year of the acquisition;
b. acquisition of control by:
1 °. curators as intended Article 68, First paragraph, of the Bankruptcy Law ;
2 °. directors as intended Article 215, second paragraph, of the Bankruptcy Law ;
3 °. persons referred to in 1:76, 1st member, of the Financial Supervision Act ;
4 °. directors as intended 3:162, 4th member, of the Financial Supervision Act ;
5 °. persons referred to in Article 3:175, 9th paragraph, of the Financial Supervision Act ;
c. the acquisition of holdings in the capital as referred to in Article 27, first paragraph, point (b) , including participations in a joint venture as referred to in Article 27, second paragraph , by participation companies, provided that the voting rights attached to the participation are exercised only in order to safeguard the full value of such investments.
2 The period referred to in point (a) of the first paragraph may be extended on request by the Consumer and Market Authority where the relevant institutions or insurers demonstrate that the sale is not reasonably possible within the period prescribed. was.
1 The provisions of this Chapter shall apply to concentrations in which the aggregate turnover of the undertakings concerned in the previous calendar year exceeds € 150,000,000, of which at least two of the undertakings concerned enterprises each of at least € 30 000 000 is obtained in the Netherlands.
2 The amounts referred to in paragraph 1 may be increased by a general measure of management.
3 In the case of a general measure of management, the amounts referred to in paragraph 1 may be reduced for a period not exceeding five years in respect of a category of undertakings to be determined by that general measure. This period may be extended by any general measure of management.
4 By way of derogation from the first paragraph, for pension funds in the sense of the Pension Act the provisions of this Chapter shall apply to concentrations where the combined value of the gross written premiums of the undertakings concerned, during the previous calendar year, exceeded € 500.000 million and at least two of the undertakings concerned each at least € 100,000,000 has been received from Dutch residents.
1 The calculation of turnover referred to in Article 29, first paragraph , on the basis of the provisions of the Article 377, 6th paragraph, of Book 2 of the Civil Code for net turnover.
2 Where the concentration is established by the acquisition of control of parts of one or more undertakings which have their own legal personality or of one or more undertakings, the calculation of turnover shall be the subject of the calculation of turnover, Article 29, first paragraph , with regard to the transferor or the transferors, only account being taken of the turnover of the parts to be sold which are the object of the transaction.
Two or more acquisitions, as referred to in the first sentence, taking place within a period to be taken into account by the Authority and the Market, which are dependent on each other or in an economic way in such a way that they are connected such acquisitions should be assessed as one acquisition, shall be considered as a single concentration to be established on the day of the last transaction.
3 Without prejudice to the second paragraph, for the purpose of calculating the turnover of an undertaking concerned as referred to in Article 1 (2), Article 29, first paragraph , the conversion of the following companies is added:
(a) the undertaking concerned;
(b) the undertakings in which the undertaking concerned directly or indirectly:
1 °. more than half of the capital or assets held, or
2 °. the power has more than half the voting rights to be exercised, or
3 °. the authority has more than half of the members of the supervisory board or of the board, or of the bodies competent to represent them under the law, or
4. the right has the right to lead the undertaking;
(c) undertakings which have the rights or powers listed in subparagraph (b) in an undertaking concerned;
(d) undertakings in which an undertaking referred to in subparagraph (c) has the rights or powers listed in subparagraph (b);
Undertakings in which at least two undertakings referred to in points (a) to (d) jointly have access to the rights or powers listed in subparagraph (b).
4 Where undertakings involved in the concentration jointly have the rights or powers referred to in point (b) of paragraph 3, the calculation of the turnover of the undertakings concerned shall be as set out in Annex II. Article 29, first paragraph :
a. No account has been taken of the turnover resulting from the sale of products and the provision of services between the Joint Undertaking and each of the undertakings concerned or of any other related company undertaking as referred to in paragraph 3 (b) to (e);
(b) take account of the turnover resulting from the sale of products and the provision of services between the joint venture and third undertakings. This turnover is allocated to the undertakings in proportion to their shareholdings in the Joint Undertaking.
5 For the calculation of the aggregate turnover of the undertakings concerned, Article 29, first paragraph , transactions between the companies referred to in paragraph 3 shall not be taken into account.
1 For the purposes of applying Article 29, first paragraph , with regard to banks and financial institutions as referred to in Article 1: 1 of the Law on Financial Supervision replace turnover by the sum of the following, in accordance with the rules based on Article 417 of Book 2 of the Civil Code , on the profit and loss account for the preceding financial year, income:
a. Interest income and similar income;
b. yields from securities;
c. commission received;
d. result from financial operations;
e. other operating income;
after deduction of value added tax and other taxes directly related to the benefits in question.
2 For insurers within the meaning of the Law on financial supervision and premium pension institutions within the meaning of the Financial Supervision Act is used for the purposes of Article 29, first paragraph , the turnover is replaced by the value of gross premiums written. The turnover as defined in Article 29, first paragraph, obtained in the Netherlands shall be calculated on the basis of the gross premiums written received by Dutch residents.
1 It is prohibited to establish a concentration before it has been notified to the Authority and then four weeks later.
2 No notification can be made if an approval for a concentration as specified in Article 49a, 1st paragraph, of the Health Organisation Act The absence of a derogation provided for in Article 49d of that Act is missing.
1 In the case of a notification, the information specified in ministerial order shall be provided. Article 4: 4 of the General Administrative Law Act shall apply mutatis mutandis.
(2) If the first paragraph is not fulfilled or if the information supplied is insufficient for the assessment of a notification, the Authority may require the Consumer and Market Authority of the parties involved in the concentration to supplement the notification.
Notification received by the Consumer and Market Authority shall be communicated as soon as possible in the Official Gazette .
1 The Consumer and Market Authority shall, within four weeks of receipt of a notification, notify whether the concentration covered by the notification is subject to a licence.
2 The Consumer and Market Authority may provide that a permit is required for a concentration which it has reason to believe that it could significantly affect effective competition in the Dutch market or part of it obstacles, in particular as the result of the creation or strengthening of an economic dominant position.
3 Where the notification refers to a concentration as referred to in Article 27, second paragraph In order to coordinate the competitive behaviour of the companies creating or to create them, the Authority will also require the Consumer and Market Authority to decide whether or not to grant a licence, and to set out the criteria set out in Article 2 of the Treaty. Article 6, first and third paragraphs .
4 The communication that no authorization is required to establish the concentration may be made subject to conditions, provided that the information and proposals contained in the report reveal that the information provided in the second and third paragraphs of Such effects may be avoided if those conditions are fulfilled.
5 If not applied within four weeks to the first paragraph, no licence is required for the concentration. The period referred to in the preceding sentence shall begin from the following day after receipt of the notification which is not a Saturday, Sunday or generally recognised public holiday within the meaning of the following day: General Term Act .
6 By an unconditional notice referred to in paragraph 1, which requires no authorization for a concentration, it shall cease to be Article 34, first paragraph , the prohibition on the concentration of that concentration should be applied. In the case of a communication as referred to in paragraph 4, the prohibition set out in Article 34 shall remain valid until the conditions laid down are fulfilled. If the parties do not comply or do not comply with the conditions, a licence is still required.
7 A communication from the Consumer and Market Authority referred to in paragraph 1 shall be communicated in the Official Gazette.
1 If not complied with Article 35, first paragraph , and the Consumer and Market Authority within five working days of receiving the notification, whoever reported it, requested the transmission of the missing data or documents, captures the data. Article 34, first paragraph , and 37, first and fifth members Four-week period referred to on the day on which such data or documents have been submitted.
2 Without prejudice to the first paragraph, the Article 34, first paragraph , and 37, first and fifth members , suspension period of four weeks as from the day on which the Consumer and Market Authority on the basis of Article 35, second paragraph , supplement the notification requirements until the day on which the supplement has been requested by each of the parties to which it has been requested.
3 The period may, moreover, be suspended once a request by the Authority of the Consumer and Market Authority, following a reasoned request from each of those making the notification, if it considers that it is in the interest of the treatment of the Authority notification is.
4 A notification shall be deemed not to be taken if the supplement to the information referred to in paragraph 2 has not taken place within six months of the date of completion of the last request and the period is not in accordance with the third paragraph of Article 4 (3). suspended.
1 Article 34, first paragraph , does not apply in the case of a takeover or exchange offer aimed at obtaining participation in the capital of an undertaking, provided that such disclosure is made without delay to the Consumer and Market Authority, and the transferee shall submit to the participation in the capital related voting rights does not exercise.
2 If the Authority informs the Consumer and Market Authority of a notification referred to in paragraph 1 which is based on the Article 37, first paragraph , a licence is required, the concentration shall:
a. If an application for authorization has not been applied for within four weeks of the notification, or the application for authorization is withdrawn or the licence is refused, to be cancelled within 13 weeks;
(b) if the authorisation is subject to restrictions or regulations are subject to restrictions, to be brought into conformity with it within 13 weeks of the grant.
3 The Consumer and Market Authority may provide, at the request of the person who has made a notification as referred to in paragraph 1, that, by way of derogation from the first paragraph, the voting rights referred to in that paragraph may be exercised in order to give the full value of maintain its investment.
1 The Consumer and Market Authority may, at the request of the person who made a notification, exempt from it for important reasons: Article 34, first paragraph -Proposed ban.
2 An exemption may be granted under restrictions; rules may be subject to rules.
3 If the Authority informs the Consumer and Market Authority after granting a derogation as referred to in the first paragraph, that on the basis of the relevant notification Article 37, first paragraph , a licence is required, and the concentration has been established for its communication, the concentration shall:
a. If an application for authorization has not been applied for within four weeks of the notification, or the application for authorization is withdrawn or the licence is refused, to be cancelled within 13 weeks;
(b) if the authorisation is subject to restrictions or regulations are subject to restrictions, to be brought into conformity with it within 13 weeks of the grant.
1 It is prohibited to establish a concentration without authorisation, for which it is Article 37 a permit is required.
2 A licence is refused if, as a result of the proposed concentration, effective competition would be significantly impeded in the Dutch market or part of it, in particular as the result of the creation of the market the strengthening of an economic dominant position. Article 37, third paragraph , shall apply mutatis mutandis if the application for a licence relates to a concentration as referred to in Article 3 (2). Article 27, second paragraph The aim of which is to coordinate the competitive behaviour of the undertakings which are to be created.
3 If at least one of the undertakings involved in a concentration is entrusted with the management of services of general economic interest by law or by an administrative body, a licence may be refused only if the Refusal of such authorisation shall not obstruct the performance of the task assigned to it.
4 A permit may be granted under restrictions; a licence may be subject to rules.
1 An application for authorisation shall be submitted to the Consumer and Market Authority.
2 In the case of ministerial arrangements, the information to be supplied in an application may be determined.
3 Of a request received, the Consumer and Market Authority shall give notice as soon as possible in the Official Gazette .
1 The Consumer and Market Authority shall give its decision on the application within 13 weeks of receipt of that application. The granting of a decision shall not be equivalent to the granting of a decision within 13 weeks.
2 If an application has been submitted before a communication from the Authority and Market for the relevant concentration is required, it shall not be considered prior to the publication of that communication. The period referred to in the first paragraph shall begin at the time of that publication.
3 The decision is to be communicated in the Official Gazette .
The Consumer and Market Authority may withdraw a licence if the information provided was such that it would otherwise have been decided on the application if the correct information would have been known.
1 The Consumer and Market Authority may, at the request of the person having applied for a licence, exempt from it for important reasons. Article 41, first paragraph , the prohibition laid down to that application has been irrevocably decided.
2 An exemption may be granted under restrictions; rules may be subject to rules.
3 If the application for authorization is withdrawn after an exemption is granted in the first member, or the licence is refused, the concentration shall be cancelled within 13 weeks if it has already been established. to be made.
4 If the authorization is subject to restrictions or regulations are being imposed, the concentration must be brought into line within thirteen weeks if it has already been established.
1 After the Authority refused to grant the Consumer and Market Authority a permit to establish a concentration, our Minister may decide to grant an authorization to that effect if, in its opinion, there are grounds for serious reasons. of the general interest which outweII the likely obstacle to competition, to that end.
2 An application as referred to in paragraph 1 may be made up to four weeks after the Authority's decision to refuse authorisation has become final.
3 If an application as referred to in paragraph 1 has been made, the treatment of appeals concerning the Authority's decision shall be suspended until such time as that application has been irrevocably decided upon.
In the case of a ministerial arrangement, the information to be given to an application for authorisation addressed to our Minister may be specified.
1 Our Minister shall give his order on an application, in accordance with the views of the Council of Ministers, within 12 weeks of receipt of that application.
2 Article 44, third paragraph , shall apply mutatis mutandis.
1 The in Article 12a, 1st paragraph, of the Incomposition Act Authority of Consumer and Market Officials shall be authorised to search a dwelling without the permission of the occupant, to the extent necessary for the exercise of the duties in question. Article 5:17 of the General Administrative Law the powers provided for is reasonably necessary.
2 If necessary, they shall exercise the competence to search by means of the strong arm.
1 For searching, intended to Article 50, first paragraph , is a prior authorization required of the Judge Commissioner charged with the handling of criminal cases at the District Court Rotterdam. The authorisation may be requested as a precautionary measure. The authority will be displayed if possible.
2 Article 171 of the Code of Criminal Procedure shall apply mutatis mutandis. The judge 's office can hear the public prosecutor' s office before deciding.
3 To the extent that the request for authorisation has not been granted, the judgment of the Judge-Commissioner is open to the Authority in Rotterdam for the Consumer and Market Authority within 14 days of appeal.
4 The search will be carried out under the supervision of the Chief Justice Commissioner.
1 An authorisation as referred to in Article 51, first paragraph The following shall be reasoned and signed and shall state:
a. The name of the Judge Commissioner who has given the authorisation;
(b) the name or number and the status of the person to whom the authorisation was given;
c. the legal provision upon which the search is based and the purpose to which it is searched;
d. the day drawing.
2 If the search is urgently required that the authorisation may not be written in advance, the Judge-Commissioner shall, as soon as possible, shall ensure that the written statement is made.
3 The authorisation shall not exceed the maximum until the third day after the date on which it is given.
1. The official seeking a search as referred to in Article 50, first paragraph , has carried out a written report on the search for a written record on his oath of office or on its promise.
2 in the report he states:
a. his name or number and his capacity;
b. the day drawing of the authorisation and the name of the Judge Commissioner who has given the authorisation;
c. the legal provision upon which the search is based;
(d) the place where the search has been carried out and the name of the person to whom the search has been carried out;
e. the time at which the search has commenced and has been terminated;
f. which has been carried out during the search and, by the way, has occurred in advance;
g. the names or numbers and the capacity of the other persons who took part in the search.
3 The report shall be forwarded to the Commissioner responsible for granting it no later than the fourth day following that on which the search has ended.
4 A copy of the report shall be issued or transmitted no later than the fourth day following the end of the search by the person to whom the search was made. If the purpose for which has been searched is required, this award or transmission may be postponed. It shall be issued or forwarded in such a case as soon as the interest of that purpose allows it. Where it is not possible to issue the copy or to forward the copy, the Judge-Commissioner or the official who carried out the search shall make available the copy for a period of six months for the person to whom the search has been carried out.
In the event of violation of Article 6, first paragraph , or Article 24, first paragraph , the Authority may, the Consumer and Market Authority:
a. Imposition of an administrative penalty;
b. Impose a charge under penalty payment.
1 The administrative penalty shall not exceed € 900,000 or more than 10% of the turnover of the undertaking, whichever is greater, or, if the infringement is committed by an association of undertakings, of the aggregate turnover of the undertakings which, if the infringement is the association.
2 In case of violation of Article 6, first paragraph , for the purposes of applying the first paragraph, the amount of the administrative fine which can be imposed at the highest, shall be multiplied by the number of years that the infringement has lasted for a maximum of four years and a minimum of one year.
3 For the purpose of applying the second paragraph
a. 12 consecutive months shall be considered a year; and
b. shall be completed for a part of one year, in whole calendar months, where a whole calendar month is counted as a twelfth year.
4 The amount of administrative penalty to which the first and second paragraphs may be imposed shall be increased by 100% if, within a period of five years prior to the day of the day's day, the report of the offence has been published, Intended in Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The burden of penalty payments may be imposed in the form of a structural measure as referred to in Article 7 of Regulation (EC) No 1/2003, where that measure is proportionate to the infringement committed and is necessary for the infringement to be effective to put an end to it. A structural measure can only be imposed if there is not an equally effective remedy for the infringement, or if such a measure would be more burdensome for the undertaking or association concerned. be the structural measure.
2 Article 12r, 2nd paragraph, of the Incomposition Act Authority of Consumer and Market does not apply.
1 The period mentioned in Article 5:51, 1st paragraph, of the General Law governing the administrative law can be suspended by 30 days.
2 Of the suspension shall be communicated to the offender.
1 The period of expiry, referred to in Article 5:45 of the General Administrative Law has been interrupted by an act of the Authority and Market Authority for the purpose of carrying out an investigation or proceeding concerning the infringement, and by such an act of the European Commission or of a Member State of a Member State, the competition authority of another Member State of the European Union in respect of an infringement of Articles 101 and 102 of the Treaty.
2 The period of expiry dates from the date on which at least one undertaking or association of undertakings participating in the offence, or one of the persons referred to in Article 2, is concerned. Article 51, second paragraph, under 2 ° of the Criminal Code , the act shall be notified in writing.
3 At the moment of express notice the expiration period starts again. However, the jurisdiction referred to in paragraph 1 shall expire no later than 10 years after the infringement has taken place, with the period of expiry of the period of expiry of the period of expiry of that infringement. Article 5:45, third member, of the General Administrative Law shall be suspended.
1 The Consumer and Market Authority may, in the case of infringement of Article 25b, first or second paragraph , or Article 25e, first sentence , the violator:
imposing a public administrative fine of up to € 900,000 or, if that is more, of a maximum of 1% of the turnover of the undertaking or, if the offence was committed by an association of undertakings, of the aggregate turnover of the undertakings which form part of the association;
b. Impose a charge under penalty payment.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The Consumer and Market Authority may, in the case of infringement of Article 25i, first paragraph , 25j, 1st Member , Article 25k or Article 25l :
Declare that it has established the violation; or
b. Impose a penalty on the offender under penalty payment.
2 The Decision shall be communicated in the Official Gazette.
1 If on the basis of Article 40, second paragraph , or Article 46, second paragraph The Authority may impose an administrative fine of up to € 900,000 or, whichever is more, by a derogation provided for in the related provisions referred to in the relevant Article. a maximum of 10% of the turnover of the undertaking or, if the offence was committed by an association of undertakings, of the aggregate turnover of the undertakings which form part of the association.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The Consumer and Market Authority may provide the person providing incorrect or incomplete information in the event of a notification of a concentration on the basis of Article 34, first paragraph , or in the case of an application for a permit to establish a concentration as referred to in Article 3 (2). Article 41, first paragraph -imposing an administrative fine of up to € 900,000 or, if that is more, of a maximum of 1% of the turnover of the undertaking or, if the offence was committed by an association of undertakings, of the aggregate turnover of the undertakings which form part of the association.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The Consumer and Market Authority may, in cases of infringement of:
1 °. Article 34, first paragraph ,
4 °. Article 41, first paragraph ,
5 °. Article 46, third or fourth member , the offender,
(a) impose an administrative fine of up to € 900,000 or, if more, of 10% or more of the turnover of the undertaking or, if the offence was committed by an association of undertakings, of the aggregate turnover of the undertaking; undertakings which form part of the association;
b. Impose a charge under penalty payment.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 If on the basis of Article 37 (4) , conditions imposed are not complied with or on the basis of Article 41 The Authority may, the Consumer and Market Authority, be responsible for:
(a) impose an administrative fine of up to € 900,000 or, if more, of 10% or more of the turnover of the undertaking or, if the offence was committed by an association of undertakings, of the aggregate turnover of the undertaking; undertakings which form part of the association;
b. Impose a charge under penalty payment.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The period of expiry, referred to in Article 5:45 of the General Administrative Law be interrupted for two years by instituting an investigation in relation to a violation.
2 The period of expiry dates from the date on which at least one undertaking or association of undertakings participating in the offence, or one of the persons referred to in Article 2, is concerned. Article 51, second paragraph, under 2 ° of the Criminal Code , the act shall be notified in writing.
The Consumer and Market Authority is to be regarded as the competition authority for the Netherlands for the purposes of Regulation 1/2003 and as competent authority within the meaning of Regulation 139/2004 and exercises existing powers under the Regulations under Article 103 of the Treaty to apply Articles 101 and 102 of the Treaty, as well as powers existing under Article 104 of the Treaty to decide on the admissibility of agreements on competition and on the abuse of a dominant position in the common market.
For the purposes of the exercise of Article 88 Those powers are the Chapter 6 and 7 applicable mutatis mutandis.
1 The Consumer Authority and Market exercise the Article 29, second paragraph , from Regulation 1/2003 declare existing competence to the non-application of a block exemption.
2 At the time of preparation of the decision Section 3.4 of the General Administrative Law applicable.
3 A decision under paragraph 1 shall not enter into force less than six weeks after the date of its opening in accordance with Article 3:44, first paragraph, part a, of the General Administrative Law .
1 With the provision of assistance for an inspection by the European Commission on the basis of a competition regulation, the Commission shall be responsible for the Article 12a, 1st paragraph, of the Incomposition Act Authority of Consumer and Market designated officials.
2 Article 5:12 of the General Administrative Law shall apply mutatis mutandis.
3 In the case of resistance to an inspection by the European Commission, the officials designated shall provide the necessary assistance to enable the European Commission to carry out the inspection, using the strong arm, if necessary.
1 For the purpose of providing the necessary assistance if an undertaking or association of undertakings opposes an inspection by the European Commission pursuant to a competition regulation, in so far as the inspection involves a search, an inspection shall be requires prior authorisation from the Judge Commissioner responsible for the handling of criminal matters at the Rotterdam District Court. The authority will be displayed if possible.
2 The Judge Commissioner shall review the application for authorisation, whether the coercive measures envisaged are not arbitrary or disproportionate in relation to the subject matter of the inspection, as provided for in the competition regulations. and Community law. Article 171 of the Code of Criminal Procedure shall apply mutatis mutandis. The judge 's office can hear the public prosecutor' s office before deciding.
3 To the extent that the request for authorisation has not been granted, the judgment of the Judge-Commissioner is open to the Authority in Rotterdam for the Consumer and Market Authority within 14 days of appeal.
4 The judge commissioner may be present at the inspection.
1 For the purpose of carrying out an inspection as referred to in Article 21, first paragraph, of Regulation 1/2003 The European Commission in other buildings, land and means of transport other than that of undertakings and associations of undertakings, including the dwellings of directors, directors and other servants, is subject to prior authorization of the Judge Commissioner responsible for the handling of criminal cases at the Court of Rotterdam. The authority will be displayed if possible.
2 The Judge-Commissioner shall review the request for authorisation pursuant to Article 21 (3) of Regulation No 1/2003. Article 171 of the Code of Criminal Procedure shall apply mutatis mutandis. The judge 's office can hear the public prosecutor' s office before deciding.
3 To the extent that the request for authorisation has not been granted, the judgment of the Judge-Commissioner is open to the Authority in Rotterdam for the Consumer and Market Authority within 14 days of appeal.
4 The judge commissioner may be present at the inspection.
5 In so far as it concerns an inspection in a dwelling, this article applies by way of derogation from the Articles 2 , 3 and 8 of the General Act on entering .
1 An authorisation as referred to in Article 89c, first paragraph , or Article 89d, first paragraph The following shall be reasoned and signed and shall state:
a. The name of the Judge Commissioner who has given the authorisation;
(b) the name or number and the status of the person to whom the authorisation was given;
(c) the order ordering the inspection by the European Commission;
d. the day drawing.
If an inspection is so urgent that the authorisation may not be written in advance, the Judge-Commissioner shall, as soon as possible, ensure that the notice is written.
3 The authorisation shall not exceed the maximum until the third day after the date on which it is given.
4 In so far as it concerns an inspection in a dwelling, this article applies by way of derogation from Article 6 of the General Act on entering .
1 The official who has provided assistance in the event of an inspection in a dwelling or in a search of a place other than a dwelling shall produce a written report on the inspection on his/her oath of office or on his promise.
2 in the report he states:
a. his name or number and his capacity;
b. the day drawing of the authorisation and the name of the Judge Commissioner who has given the authorisation;
(c) the order ordering the inspection by the European Commission;
d. the location of the inspection and the name of the person on whom the inspection was carried out;
e. the manner of the entry and the time at which the inspection commenced and ended;
f. which has been carried out during the inspection and, moreover, has been pre-reported;
g. the names or numbers and the capacity of the other persons who took part in the inspection.
3 The report shall be forwarded to the Commissioner responsible for the inspection not later than the fourth day following that on which the inspection was terminated.
4 A copy of the report shall be issued or transmitted no later than the fourth day following that on which the inspection has been completed. If the purpose of the inspection is to be provided for, it may be postponed or forwarded.
It shall be issued or forwarded in such a case as soon as the interest of that purpose allows it. Where it is not possible to issue the copy or to forward the copy, the Judge-Commissioner or the official who has granted the assistance shall keep the copy for six months for the person carrying out the inspection.
5 In so far as it concerns an inspection in a dwelling, this article applies by way of derogation from the Articles 10 and 11 of the General Act on entering the country .
1 The Authority, at the request of the European Commission, or at the request of a competition authority of another Member State of the European Union, carrying out an inspection by the Authority on the basis of a competition regulation, are In charge of Article 12a, 1st paragraph, of the Incomposition Act Authority of Consumer and Market designated officials.
2 The officials designated shall be responsible for carrying out the inspection of the powers which they are empowered to carry out. Chapter 3, Section 1, of the Incomposition Act Authority of Consumer and Market and Chapter 6 have been granted in order to monitor compliance.
1 A consumer organisation shall be deemed to be interested in decisions taken under this law.
2 The Consumer Authority and Market Authority may apply Article 3.11, second paragraph of General Law governing the administrative law in cases where a consumer organisation as referred to in the first paragraph is concerned, to distinguish between the offender and the said consumer organisation in the assessment of the question or to the case for important reasons documents or parts of documents shall be made available for inspection.
The Economic Competition Act is repealed.
1 For the purposes of applying Regulation (EEC) 4064/89 of the Council of the European Communities of 21 December 1989 on the control of concentrations between undertakings (PbEC 1990, L 257), pursuant to Article 26, second paragraph, of Regulation 139/2004 , is Article 88 applicable mutatis mutandis.
2 For the purposes of applying Article 12, first paragraph, or Article 13, fifth and sixth paragraph, of Regulation (EEC) 4064/89 of the Council of the European Communities of 21 December 1989 on the control of concentrations between undertakings (PbEC 1990, L 257), pursuant to Article 26, second paragraph, of Regulation 139/2004 , his or her, Article 89g or the Articles 89b , 89c , 89th and 89f applicable mutatis mutandis.
Penalties and measures imposed on infringements of rules laid down in or pursuant to the Economic Competition Act, which provides for an economic offence and which were committed for the date on which the offence was lodged Article 94 occurs, continue to apply.
1 The chapters of this Act enter into force on a date to be determined by Royal Decree which may be determined differently for each of the chapters or parts of such chapters.
2 [ Red: Expated.]
3 Article 32 shall expire two years after the date of entry into force.
This law is cited as: Competition law.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at Gravenhage, 22 May 1997
Beatrix
The Minister for Economic Affairs,
G. J. Wijers
Published the 24th of June 1997The Minister of Justice,
W. Sorgdrager
