umraniye escort pendik escort
maderba.com
implant
olabahis
canli poker siteleri meritslot oleybet giris adresi betgaranti
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
sikis
bodrum escort
Articles

Trade and Industry Appeals Tribunal ordered ACM to disclose oral leniency statements

Trade and Industry Appeals Tribunal ordered ACM to disclose oral leniency statements

Trade and Industry Appeals Tribunal ordered ACM to disclose oral leniency statements

05.01.2016 NL law

On 2 December 2015, the Dutch Trade and Industry Appeals Tribunal ("CBb") ordered the Authority for Consumers and Markets ("ACM") to grant access to oral leniency submissions to the defendants in the Dutch flour cartel appeal. The CBb weighed the interest of protecting the leniency programme against the interests of the defendants and decided in favour of the latter.

In the context of the ACM's leniency programme in cartel cases, leniency applicants may choose to provide their leniency statements orally. During the administrative procedure, defendants are subsequently provided access to transcripts of the oral statements at the ACM's premises. They are, however, not allowed to make copies and have to agree that they will only use the information for their defence in the cartel proceedings. This procedure is designed to safeguard confidentiality of the leniency statements, which may be an important precondition for leniency applicants to participate in the programme.

In the proceedings before the CBb, the ACM provided the transcripts of the oral statements to the CBb with the request to withhold them from the other parties to the proceedings, considering the importance of confidentiality.

The CBb rejected the ACM's request, considering that the protection of the ACM's leniency programme was in this case not as important as safeguarding the rights of defence. In this respect, the CBb considered it relevant that the parties already had knowledge of the content of the oral statements so that the interest in withholding the transcripts from them was limited.

The decision may lead the ACM to reconsider its current practice regarding oral statements in its leniency programme.

This article was published in the Competition Law Newsletter of January 2016. Other articles in this newsletter:

Team

Related news

04.03.2021 NL law
Net(work) closing in on cross-border cartels?

Short Reads - A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States. In the Netherlands, amendments to the Dutch Competition Act giving effect to the ECN+ Directive came into force recently, together with a new governmental decree on leniency.

Read more

04.02.2021 NL law
Game over? Gaming companies fined for geo-blocking

Short Reads - The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Food producer Mondelĕz may be next on the Commission’s hit list: a formal investigation into possible cross-border trade restrictions was opened recently.

Read more

04.03.2021 NL law
Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market

Short Reads - On 16 February 2021, the Amsterdam Court of Appeal (the Court of Appeal) set aside a judgment of the Amsterdam District Court (the District Court) in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery (AB), a Greek subsidiary of Heineken N.V. (Heineken), in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

Read more

04.02.2021 NL law
ECJ clarifies limits of antitrust limitation periods

Short Reads - Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those rules are not necessarily set in stone. According to the ECJ, national time limits relating to the imposition of antitrust fines may require deactivation if these limits result in a ‘systemic risk’ that antitrust infringements may go unpunished.

Read more

29.01.2021 NL law
Publicatie en inwerkingtreding Uitvoeringswet Screeningsverordening buitenlandse directe investeringen

Short Reads - Op 4 december 2020 is een uitvoeringswet in werking getreden die bepaalde elementen uit de Verordening screening van buitenlandse directe investeringen in de Unie regelt en zorgt dat Nederland voldoet aan de verplichtingen uit die verordening. Ook is er een conceptwetsvoorstel toetsing economie en nationale veiligheid verschenen. 

Read more