Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Dutch Competition Act is broad in its scope, applying whenever restrictive agreements, decisions, practices or the abuse of a dominant position have an effect in the Netherlands. This includes the activities of foreign undertakings that have an anticompetitive effect on the Dutch market.
  Under Section 11 of the Competition Act, Section 6(1) is not applicable to agreements involving undertaki …

Scope

Dutch competition law is regulated by the Competition Act of 22 May 1997, which came into force on 1 January 1998 and replaced the 1956 Act on Economic Competition. The Act introduced a system closely linked to the European model, specifically regarding Articles 101 and 102 TFEU. The present Act has replaced the former system of judicial enforcement with a system of administrative enforcement primarily in the hands of the Dutch Competition Authority. 

The Instellingswet Act of 28 February 2013 established a new competition authority, the Authority for Consumers and Markets (Autoriteit Consument en Markt - ACM). The Act, which entered into force on 1 April 2013 brings together three previously autonomous regulators: the Competition Authority (Nederlandse Mededingingsautoriteit), the Independent Post and Telecommunications Authority (Onafhankelijke Post en Telecommunicatie Autoriteit) and the Consumer Authority (Consumentenautoriteit). It was supplemented in June 2014 by the Streamlining Act which came into force on 1 August 2014 and whose main purpose is to harmonize and simplify the rules applicable to the former bodies merged into the ACM, while also bringing amendments to the Competition Act.

Context

The Dutch Competition Act is broad in its scope, applying whenever restrictive agreements, decisions, practices or the abuse of a dominant position have an effect in the Netherlands. This includes the activities of foreign undertakings that have an anticompetitive effect on the Dutch market.

  Under Section 11 of the Competition Act, Section 6(1) is not applicable to agreements involving undertaking(s) entrusted with the operation of services of general economic interest, insofar as its application would prevent the execution of a “special task” entrusted to that undertaking. This exception is very similar to that found in Article 106(2) TFEU.

  An agreement is also excluded from the Section 6 prohibition where it were associated to a concentration and necessary for the implementation of the respective concentration (Section 10).

  The statutory exemption for certain agreements that are subject to approval by another regulatory body (e.g. in the telecommunication sectors) was repealed on 1 January 2003.

Global Competition Law

737. Scope

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Les notions juridiques connexes

737. Scope

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise