Judicial Review of Decisions of the Dutch Competition Authority

Jans, Jan H.; Outhuijse, Annalies

Judicial Review of Decisions of the Dutch Competition Authority

Mundi et Europae civis – Liber Amicorum Jacques Steenbergen, Dirk Arts, Wouter Devroe, Rene Foqué, Karel Marchand, Ivan Verougstraete (ed), Larcier, 2014, 265-279

University of Groningen Faculty of Law Research Paper No. 2015-02

15 Pages Posted: 9 Oct 2014 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: July 16, 2014

Abstract

In its annual report for 2012, the Dutch competition authority noted that in cases where fines it had imposed for infringing the Netherlands Competition Act were challenged before the courts, in 46% of cases its decision was quashed or the fine reduced. This is far higher than the percentage of contested administrative decisions that are normally overturned. In this paper we examined all the first-instance judgments given by Rotterdam District Court – which has exclusive jurisdiction to hear these cases – in the period 1 January 2003 to 1 January 2013 on decisions for infringement of section 6 Competition Act in which the ACM imposed a fine.

Keywords: competition law, judicial review, enforcement

JEL Classification: K21

Suggested Citation: Suggested Citation

Jans, Jan H. and Outhuijse, Annalies, Judicial Review of Decisions of the Dutch Competition Authority (July 16, 2014). Mundi et Europae civis – Liber Amicorum Jacques Steenbergen, Dirk Arts, Wouter Devroe, Rene Foqué, Karel Marchand, Ivan Verougstraete (ed), Larcier, 2014, 265-279, University of Groningen Faculty of Law Research Paper No. 2015-02, Available at SSRN: https://ssrn.com/abstract=2506621