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ARTICLE · 17 JULY 2014

Tribunal Quashes Fine For Breaking A Seal Affixed During Dawn Raid

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

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Companies should inform security as well as cleaning staff of any seals that have been affixed during a dawn raid.

NetherlandsAntitrust/Competition Law
Jolling De Pree
Jolling De Pree
Jaap De Keijzer
Jaap De Keijzer
Bart De Rijke
Bart De Rijke
Xandra Reintjes
Xandra Reintjes
Mauricette Schaufeli
Mauricette Schaufeli
Erik Pijnacker Hordijk
Erik Pijnacker Hordijk
Stefan Molin
Stefan Molin
Martijn Snoep
Martijn Snoep
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Companies should inform security as well as cleaning staff of any seals that have been affixed during a dawn raid. The Trade and Industry Appeals Tribunal recently ruled that the ACM had been wrong to impose a fine on the Dutch National Association of General Practitioners (LHV) for breaking a seal affixed by ACM officials during a dawn raid. The legal provision for penalising the breaking of affixed seals is directed at the person who commits the breach. According to the Tribunal, the breaking of the seal could not be attributed to LHV.

The Tribunal found that LHV could not be held responsible for the seal break because a security guard at LHV's shared office building broke the seal during his rounds. The guard was not directly employed by LHV and the seal break was not carried out in LHV's ordinary course of business. In addition, LHV had taken all the necessary steps to inform the persons who could possibly enter the room of the affixed seal. It informed the

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