Competition Act

Act of 22 May 1997 (Stb. 1997, 242) 

• Chapter 1 Definition of terms
  (Article 1)
  • Article 1 Definitions
• Chapter 2 The Dutch Competition Authority
  (Articles 2 - 5l)
  • § 1 General provisions (2 - 4b)
    • Article 2 Formation Dutch Competition Authority and its Board
    • Article 3 Composition of the Board Article
    • 4 No confusion of interests
    • Article 4a [repealed]
    • Article 4b Management rules
  • § 2 Duties and powers (5 - 5c)
    • Article 5 Tasks and duties of the Board
    • Article 5a Staff and organisation of the Board
    • Article 5b Additional instructions of Our Minister to the Board
    • Article 5c Evaluation report
  • § 3 Provision of information, control and supervision (5d - 5l)
    • Article 5d Policy rules concerning the implementation of the Competition Act
    • Article 5e Rules for exchange of information with the Board
    • Article 5f Provisions to be made when the Board neglects its duties
    • Article 5g Annual report
    • Article 5h Preparation of report in regard of the implementation of other Acts
    • Article 5i [repealed]
    • Article 5j [repealed]
    • Article 5k [repealed]
    • Article 5l Adoption of intended implementation regulations
• Chapter 3 Anti-competitive agreements
  (Articles 6 - 23)
  • § 1 Prohibition of anti-competitive agreements (6 - 10)
    • Article 6 Anti-competitive agreements
    • Article 7 Excluded anti-competitive agreements
    • Article 8 Calculation of turnover
    • Article 9 Decision ruling out an exclusion of certain anti-competitive agreements
    • Article 10 Exemption for agreements associated with a concentration
  • § 2 Exception in relation to the performance of special tasks (11)
    • Article 11 Exception in relation to the performance of special tasks
  • § 3 Exemptions (12 - 16)
    • Article 12 Agreements to which Article 85(1) of the Treaty is declared inoperative
    • Article 13 Agreements that cannot have a detrimental effect on trade within the Community
    • Article 14 Agreements for which dispensation is granted under Article 85(3) of the Treaty
    • Article 15 Agreements contributable to industry, trade or technical and economic progress
    • Article 16 Collective Labour Agreements; agreements on pensions
  • § 4 [repealed 17 - 23]
• Chapter 4 Dominant positions
  (Articles 24 - 25)
  • § 1 Prohibition of the abuse of dominant positions (24)
    • Article 24 Prohibition to abuse a dominant position; implementation of a concentration
  • § 2 Exception in relation to the performance of special tasks (25)
    • Article 25 Exceptions related to the performance of special tasks
• Chapter 4A Financial transparency within certain undertakings
  (Articles 25a - 25f)
  • Article 25a Definitions
  • Article 25b Duty to keep administrative records for undertakings with exclusive rights
  • Article 25c Exemption from the duty to keep administrative records
  • Article 25d Exemption for certain undertakings from the duty to keep administrative records
  • Article 25e Duty of undertakings to provide information to the European Commission
  • Article 25f Delegation of legislative power
• Chapter 5 Concentrations
  (Articles 26 - 49)
  • § 1 Definition of terms (26 - 28)
    • Article 26 Definition of ‘control’
    • Article 27 Definition of ‘concentration’
    • Article 28 Exemption on the definition of ‘concentration’
  • § 2 Scope of application of concentration oversight (29 - 33)
    • Article 29 Concentrations subject to the provisions of the present Chapter
    • Article 30 Calculation of turnover
    • Article 31 Calculation of turnover of credit and financial institutions
    • Article 32 [repealed]
    • Article 33 [repealed]
  • § 3 Notification (34 - 40)
    • Article 34 Duty to notify the Board of an intention to form a concentration
    • Article 35 Content of a notification to the Board
    • Article 36 Publication of notifications received by the Board
    • Article 37 Response of the Board to a notification
    • Article 38 Periods to provide additional information to the Board
    • Article 39 Exemption from notification duty in case of a public acquisition or exchange bid
    • Article 40 Exemption from notification duty granted by the Board
  • § 4 Licenses (41 - 49)
    • Article 41 License to effectuate a concentration
    • Article 42 Application for a license
    • Article 43 Duty to explain earlier provided information to the Board
    • Article 44 Decision of the Board on the application for a license
    • Article 45 Revocation of a license that was granted
    • Article 46 Exemption granted by the Board from the requirement to have a licence
    • Article 47 Request to the Minister if a license is denied by the Board
    • Article 48 Delegation of legislative power
    • Article 49 Decision of the Minister on a request
• Chapter 5A Commitment decision
  (Articles 49a - 49d)
  • Article 49a Application for a binding commitment
  • Article 49b Application of the General Administrative Law Act
  • Article 49c Investigations conducted by the Board
  • Article 49d Decision deposited at the office of the Competition Authority
• Chapter 6 Enforcement and investigations
  (Articles 50 - 55c)
  • § 1 Enforcement (50 - 51)
    • Article 50 Enforcement of compliance with the provisions of the Competition Act
    • Article 51 Inapplicability of certain provisions of the General Administrative Law Act
  • § 2 Investigations (52 - 55c)
    • Article 52 Officials charged with conducting investigations
    • Article 53 Request for information in case of the presumption of a violation
    • Article 54 Right to seal of business premises and objects
    • Article 54a Administrative fine or order under s periodic penalty payment
    • Article 55 Right to enter and search houses
    • Article 55a Required warrant for entering or searching a house
    • Article 55b Content of a warrant
    • Article 55c Written report after a house has been entered and searched
• Chapter 7 Violation of the prohibition on competition agreements and on the abuse of dominant positions
  (Articles 56 - 68a)
  • § 1 Administrative fines, orders subject to periodic penalty payments, and binding instructions (56 - 58a)
    • Article 56 Penalties which may be imposed by the Board
    • Article 57 Administrative fine
    • Article 58 Additional order to provide information
    • Article 58a Imposed order strengthen addeded with a periodic penalty payment
  • § 2 Proceedings (59 - 61)
    • Article 59 Report of the Board in case of the presumption of a violation
    • Article 59a Prior investigations before imposing an administrative fine
    • Article 60 [repealed]
    • Article 61 [repealed]
  • § 3 Decisions (62 - 65)
    • Article 62 Decision of the Board within eight months after the report meant in Article 59
    • Article 63 Suspension of the execution of an administrative fine
    • Article 64 Interruption of a time limitation
    • Article 65 Decision deposited at the office of the Competition Authority
  • § 4 Amendment or revocation of the order subject to periodic penalty payments (66)
    • Article 66 Amendment or revocation of the order subject to periodic penalty payments
  • § 5 Collection of the fine (67 - 68a)
    • Article 67 Pay day of a fine
    • Article 68 Suspension of the execution of an administrative fine in case of an objection made
    • Article 68a Default in payment of a fine
• Chapter 8 Other violations
  (Articles 69 - 82)
  • § 1 Violation of the obligation to cooperate (69 - 70)
    • Article 69 Fine for not cooperating with investigating officials
    • Article 70 Additional order under a periodic penalty payment to provide information
  • § 1a Violations of the obligations in respect of financial transparency (70a)
    • Article 70a Violations of the obligations in respect of financial transparency
  • § 1b Breach of a seal (70b)
    • Article 70b Breach of a seal
  • § 2 Violations of concentration oversight (71 - 76)
    • Article 71 Violation of conditions attached to an exemption
    • Article 72 Violation of the duty to explain earlier provided information
    • Article 73 Violation of the duty to provide information
    • Article 74 Administrative fine or order under a periodic penalty payment in case of other violations
    • Article 75 Violations of conditions attached to license
    • Article 75a Maximum administrative fine
    • Article 76 Applicable provisions when an administrative fine is imposed
  • § 2a Violation of a commitment decision (76a)
    • Article 76a Violation of a commitment decision
  • § 3 Procedure (77 - 82)
    • Article 77 Report of an official after a violation has been established
    • Article 77a Right to investigate accounts and records before a fine is imposed
    • Article 78 [repealed]
    • Article 79 [repealed]
    • Article 80 Other provisions applicable to an administrative fine
    • Article 81 [repealed]
    • Article 82 Interruption of a time limitation
• Chapter 9 Provisional order subject to periodic penalty payments
  (Articles 83 - 87)
  • Article 83 Provisional order subject to a periodic penalty payment
  • Article 84 Notification of the intention to impose a provisional order
  • Article 85 Expiry of a provisional order
  • Article 86 Other provisions applicable to a provisional order
  • Article 87 Revocation or amendment of a provisional order
• Chapter 10 Application of European competition rules
  (Articles 88 - 89j)
  • Article 88 Board designated as Competition Authority for the Netherlands
  • Article 89 Provisions applicable to the exercise of powers by the Board
  • Article 89a Board exercises powers based on European Regulation
  • Article 89b Providing assistance in an inspection made by the European Commission
  • Article 89c Required warrant for the provision of assistance in a search
  • Article 89d Required warrant for an inspection
  • Article 89e Content of a required warrent Article 89f Report of an official who has provided assistance in a search or inspection
  • Article 89g Officials providing assistance in an inspection requested by the European Commission
  • Article 89h Right of the Board or European Commission to present submissions in legal proceedings
  • Article 89i Additional information requested by the Administrative Court
  • Article 89j Copy of the decision of the Administrative Court issued to the European Commission
• Chapter 11 Use of information
  (Articles 90 - 91)
  • Article 90 Restriction regarding the use of received information
  • Article 91 Provision of received information to foreign authorities
• Chapter 12 Legal protection
  (Articles 93 - 92)
  • Article 92 Advisory Commission
  • Article 93 Court of Rotterdam competent to hear appeals against decisions taken under the Competition Act
• Chapter 12A Contributions
  (Articles 93a - 99)
  • Article 93a Court fees
  • Article 93b [repealed]
  • Article 94 [amending other Act]
  • Article 95 [repealing other Act]
  • Article 96 [amending other Act]
  • Article 97 [amending other Act]
  • Article 98 [amending other Act]
  • Article 99 [amending other Act]
• Chapter 14 Transitional provisions
  (Articles 100 - 106)
  • Article 100 Application of other provisions
  • Article 101 [repealed]
  • Article 102 [repealed]
  • Article 103 [repealed]
  • Article 104 [repealed]
  • Article 105 [repealed]
  • Article 106 Economic offences
• Chapter 15 Final provisions
  (Articles 107 - 110)
  • Article 107 Entry into force
  • Article 108 [amending this Act]
  • Article 109 [amending this Act]
  • Article 110 Citation