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
Short Reads

District Court of Rotterdam annuls 6 fines in the Rotterdam taxi operators cartel case

District Court of Rotterdam annuls 6 fines in the Rotterdam taxi operators cartel case

District Court of Rotterdam annuls 6 fines in the Rotterdam taxi operators cartel case

02.11.2016 NL law

On 13 October 2016, the District Court of Rotterdam ("Court") delivered its judgments in the Rotterdam Taxi Operators Case.

In its rulings the Court annulled the decisions of the Netherlands Authority for Consumers and Markets ("ACM"), which imposed fines on two Rotterdam taxi firms (decision 1 and 2) and on four of the executives working for the taxi firms (decision 34, 5 and 6) for violating the Dutch cartel prohibition.

Specifically, the Court found that the ACM had failed to adequately determine the relevant geographic market. As a result, the Court was unable to determine whether or not the cartel would fall within the scope of the Dutch de minimis provision ex Article 7 Dutch Competition Act.

In its decision, dated 20 November 2012, the ACM decided that the taxi operators engaged in bid-rigging arrangements involving contractual taxi transport services in the greater Rotterdam area. The ACM limited the relevant geographic market to the Rotterdam Region. Consequently, the market shares of the parties involved were higher. For that reason, the cartel fell outside of the scope of the de minimis provision.

The taxi operators appealed the decision arguing, among other things, that the ACM insufficiently substantiated its position that the geographic market should be limited to the Rotterdam region. The taxi operators pointed out that in a previous merger notification assessment the ACM had ruled that the market for contracted taxi services should likely be delineated at the national level and that the ACM had failed to investigate whether or not the market should be broader than the Rotterdam region.

The Court agreed with the taxi operators, stating that there was no evidence of the ACM conducting a thorough investigation with regard to the geographic market and  therefore it could not rule out that the market was indeed a national market. As a result, the Court concluded that it was impossible to determine whether the conduct of the parties significantly restricted competition and whether the parties could invoke the de minimis provision. The ACM was not offered an opportunity to remedy the defects, because the Court stated that too much time had passed and a new assessment would be required. Therefore, the Court repealed the decision of the ACM and annulled the fines.

The key takeaway of these judgments is that, according to the Court, also in cartel cases the ACM will have to sufficiently examine what the relevant market is, before it can conclude whether or not competition was appreciably restricted.

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

  1. District Court of The Hague deals with claim reduction by claimant and rules that claimant is responsible for preserving documents
  2. Dutch Ministry issues Guidelines on Corporate Sustainability Initiatives and Competition Law

Team

Related news

12.02.2021 EU law
After the Uber case and the Airbnb case … the Star Taxi App case: focus on the question of the qualification as “Information Society Service”

Articles - Societal and digital developments are reflected in the case law of the CJEU. For several years now, European judges resolve disputes relating to digital applications and the services they provide. On 3 December 2020, they handed down a judgment in a case concerning Star Taxi App. This blog analyses the Star Taxi App case law in the light of the Uber case law and the Airbnb case law. The three judgments have in common the question of the qualification of services as Information Society Services.  

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

04.02.2021 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