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 would nevertheless 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 has possibly been a decision to impose a fine.
Cartelization and other prohibited arrangements
Cartels in the form of arrangements between competitors about prices and about a division of the market, cartelization, have meanwhile become notorious. There are a lot more arrangements which result in an inadmissible restriction of the competition and which for that reason are prohibited. Also by means of mergers, takeovers and other forms of cooperation the market can be distorted, in much the same way as by subsidies or other state aid to certain enterprises.
Abuse of economic dominance
Competition law also includes control of enterprises that have an economically 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, our lawyers gladly tell you more about it.
Under the term merger control 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 merger control. PlasBossinade checks whether a notification duty to ACM exists and assists you with the notification procedure. Do you not agree with the merger of your competitor? PlasBossinade advises you on possible actions and provides you with the necessary support.
State aid rules also see to it that the competition is not distorted. Central and local 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 allowable form. Do you ask yourself whether the advantage the authorities have granted to your competitor is allowed?
Or do you want to know which possibilities exist to have the authorities contribute financially to a project? You can then contact our team Procurement law about this.