Advisory Objection Procedures in the Netherlands: A Case Study on Their Usefulness in Dutch Competition Law

‘Advisory Objection Procedures in the Netherlands. A Case Study on its Usefulness in Dutch Competition Law’, in On Judicial and Quasi-judicial independence, Suzanne Comtois and Kars J. de Graaf (eds.), Eleven Publishing 2013, p. 179-194

16 Pages Posted: 17 Nov 2012 Last revised: 21 Jun 2017

See all articles by Jan H. Jans

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

Annalies Outhuijse

University of Groningen, Faculty of Law

Date Written: November 16, 2012

Abstract

On 1 January 2013, the Netherlands Competition Authority is merging with the Independent Post and Telecommunications Authority of the Netherlands (OPTA) and the Netherlands Consumer Authority (CA). The new organisation is to be known as the Consumer and Market Authority (ACM). To enable the ACM to operate effectively and efficiently, a bill is being prepared which will streamline the procedures and enforcement instruments available to the ACM. One of the proposed changes concerns abolishing the objection phase for decisions imposing fines.The aim of the present article is to discuss the reasons for this proposed change. We will be concentrating on sanctions under the Netherlands Competition Act (Mw) and the role played by the Advisory Commission on Competition Act Objections (Adviescommissie bezwaarschriften Mededingingswet (AbM)).

Keywords: law, competition law, sanctions, penalty

JEL Classification: K21

Suggested Citation

Jans, Jan H. and Outhuijse, Annalies, Advisory Objection Procedures in the Netherlands: A Case Study on Their Usefulness in Dutch Competition Law (November 16, 2012). ‘Advisory Objection Procedures in the Netherlands. A Case Study on its Usefulness in Dutch Competition Law’, in On Judicial and Quasi-judicial independence, Suzanne Comtois and Kars J. de Graaf (eds.), Eleven Publishing 2013, p. 179-194, Available at SSRN: https://ssrn.com/abstract=2176719 or http://dx.doi.org/10.2139/ssrn.2176719

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

Annalies Outhuijse

University of Groningen, Faculty of Law ( email )

Groningen
Netherlands

HOME PAGE: http://www.rug.nl/staff/a.outhuijse/research

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