European and Dutch competition law apply

In the Netherlands, both European and Dutch competition law apply. Both areas of law are very similar, since Dutch competition law is based on its European counterpart.

European competition law is applicable to agreements, decisions or concerted practices that restrict competition and affect trade between member states of the European Union. Hence, application of European competition can extend to the territory of the Netherlands (and the companies active there) as well.

Dutch competition law is applicable only within the Dutch territory if competition within the Netherlands is restricted.

The Dutch Competition Authority (‘Autoriteit Consument en Markt’, ACM) enforces the Dutch Competition Act (‘Mededingingswet’), which entered into effect in January 1998. It also has the authority to enforce articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which affect the Netherlands directly. Dutch courts must apply these articles as well.

Last Updated On juli 03, 2019