Competition and state aid

Many ways of disturbing the market

Cartels in the form of arrangements between competitors about prices and division of the market have meanwhile become notorious. Yet there are still a lot of arrangements that lead to an unacceptable limitation of the competition and which for that reason are forbidden. A disturbance of the market may also be caused by mergers, takeovers and other forms of cooperation, as well as by subsidies or other state aid to certain enterprises.

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Cartel law

Cartel law includes all forms of cooperation that may limit the competition. It may also include arrangements with your supplier or customer, such as a distribution agreement or a franchise agreement. It is useful to have it checked beforehand whether the arrangements you wish to make with market parties are allowed.

What if you do come into conflict with the Authority Consumer and Market (ACM; previously Netherlands Competition Authority)? PlasBossinade gladly assists you in negotiating with ACM or in the proceedings you could conduct if there may have been a decision to impose a fine.

Concentration

Under the term control of concentration ACM closely monitors whether no unbalance occurs in the competitive conditions on the market concerned. The incorporation of a new enterprise (joint venture) on the market concerned may also fall under the control of concentration. PlasBossinade checks whether a duty of notification to ACM exists and assists you with the notification procedure. Do you not agree with the concentration of your competitor? PlasBossinade advises you on possible actions and provides you with the necessary support.

Abuse of Dominance

Competition law also includes control of enterprises that have a dominant position. There is no ban on having a large market share; it is forbidden to abuse it though. Do you want to know what you are permitted or do you want to judge the conduct of a third party, PlasBossinade gladly tells you more about it.

State aid

State aid rules also see to it that there is no disturbance of competition. Central and non-central public authorities are not allowed to grant aid to an enterprise if in so doing the competition is distorted. There are a lot of arrangements though that make it possible for aid to be granted in an acceptable manner. Do you ask yourself whether the advantage the authorities have granted to your competitor is allowed? Or do you want to know, as an entrepreneur or from the part of the public authorities, which possibilities exist to have the public authorities contribute financially to a project? In either case you can contact PlasBossinade.