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ARTICLE · 27 JULY 2011

"No-Snitch Rule" Not Applicable To Former Employees

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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The District Court of Rotterdam recently ruled that former employees cannot invoke the right to remain silent when questioned in relation to their former employer.

NetherlandsAntitrust/Competition Law
Erik Pijnacker Hordijk
Erik Pijnacker Hordijk
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The District Court of Rotterdam recently ruled that former employees cannot invoke the right to remain silent when questioned in relation to their former employer.1 In 2009, the NMa imposed record fines on three former employees for failure to cooperate in an investigation into possible anti-competitive conduct by their former employers.2 Unlike the European Commission, the NMa is authorised to not only impose fines on companies but also on individuals for failure to cooperate with an investigation.3 The former employees refused to cooperate on the basis of the right to remain silent, a right acknowledged by the NMa in regard of the company under investigation and its current employees only.4

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