Written by Mr Tonnis Poppema and Mr Weyer VerLoren van Themaat
NMa publishes Guidelines for the setting of fines
On 19 December, the Dutch Competition Authority (NMa) published Guidelines in relation to the imposition of fines. With regard to fines for infringements of the Competition Act, the NMa is of the opinion that the Guidelines drawn up by the European Commission can not be taken as the point of departure without adaptation. The European Commission uses categories of infringements, in accordance with these Guidelines, to which fixed fines apply. A disadvantage of a system of fixed fines is that small undertakings are affected relatively more harshly than larger undertakings (undertakings which often operate internationally). The policy of the NMa with regard to fines must be applicable both to large undertakings and to small and medium-sized undertakings, without losing the intended preventive effect, on the one hand, and generating disproportionate results, on the other.
