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ARTICLE · 25 JULY 2013

ACM Fines Car Dealer For Failure To Notify

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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The ACM has imposed a fine of EUR 500,000 on car dealer Motorhuis and its holding companies Markeur Holding and Markeur Houdster for failure to notify Motorhuis's acquisition of the Bulters group activities.

NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek N.V
De Brauw Blackstone Westbroek N.V
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The ACM has imposed a fine of EUR 500,000 on car dealer Motorhuis and its holding companies Markeur Holding and Markeur Houdster for failure to notify Motorhuis's acquisition of the Bulters group activities, thus following the same line of parental liability that it applies in cartel cases. The ACM, contrary to the European Commission (see for instance M.4994 – Electrabel/CNR), considers the early implementation of a concentration as a momentary infringement and therefore does not take the infringement's duration into account when calculating the fine.

The parties argued that the notification obligation applies only to the company directly concerned with the transaction (i.e., Motorhuis) and does not refer to the entire "economic unit" as is the case in cartel cases. According to the ACM, the fine should be imposed on Motorhuis and its holding companies. Even though Motorhuis acquired direct control over the Bulters activities through the transaction, it is a 100%

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