Doing Business in the Netherlands 2012 - American Chamber of ...

The NMa has the power to impose fines of up to EUR450,000 or 10%
of a company’s worldwide group turnover (whichever is higher), if the
parties fail to send a notification about a notifiable concentration. The
fine for withholding information or providing inaccurate or misleading
information to the authorities will amount to a maximum of
EUR450,000 or to 1% of the company’s worldwide group turnover
(whichever is higher). For infringements of the prohibition against
restrictive agreements or abuse of a dominant position, the NMa has
the power to impose fines of up to EUR450,000 or 10% of the
worldwide group turnover of the undertakings concerned (whichever
is higher).
Since 1 October 2007, the NMa has also been empowered to fine
natural persons for giving instructions or exercising de facto
leadership with regard to an infringement of the Dutch Competition
Act. The maximum fine that can be imposed on a natural person is
EUR450,000.
10.3 Public Procurement Rules
Dutch public procurement law mainly consists of legislation
implementing the EC Public Procurement Directives, although there
are some purely national regulations which contracting authorities are
either allowed or obliged to apply. The Framework Procurement Act
(Raamwet EEG-voorschriften aanbestedingen) provides the legal
basis for the two Decrees implementing the EC Directives:
� Decree on Public Procurement (Besluit Aanbestedingsregels
voor Overheidsopdrachten), which implements the “Classic”
Directive (regarding services, works and supplies); and
� Decree on Public Procurement in Special Sectors (Besluit
Aanbestedingen Speciale Sectoren), which implements the
Utilities Directive.
These two Decrees entered into force on 1 December 2005.
82 Baker & McKenzie