Thursday, January 3, 2013
Advisory Objection Procedures in the Netherlands: A Case Study on Their Usefulness in Dutch Competition Law
Posted by D. Daniel Sokol
Jan H. Jans, University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law and A. Outhuijse discuss Advisory Objection Procedures in the Netherlands: A Case Study on Their Usefulness in Dutch Competition Law.
ABSTRACT: On 1 January 2013, the Netherlands Competition Authority is merging with the Independent Post and Telecommunications Authority of the Netherlands (OPTA) and the Netherlands Consumer Authority (CA). The new organisation is to be known as the Consumer and Market Authority (ACM). To enable the ACM to operate effectively and efficiently, a bill is being prepared which will streamline the procedures and enforcement instruments available to the ACM. One of the proposed changes concerns abolishing the objection phase for decisions imposing fines.The aim of the present article is to discuss the reasons for this proposed change. We will be concentrating on sanctions under the Netherlands Competition Act (Mw) and the role played by the Advisory Commission on Competition Act Objections (Adviescommissie bezwaarschriften Mededingingswet (AbM)).