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
15 Pages Posted: 9 Oct 2014 Last revised: 21 Jun 2017
Date Written: July 16, 2014
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