First NMa commitment decision

The Dutch Competition Authority (NMa) rendered its first commitment decision since its introduction. The decision pertained to five childcare organisations in Amsterdam, which according to the NMa gave each other room to influence one another’s market policies.

Since 1 October 2007, businesses may submit a promise to the NMa. This means that the business promises to refrain from any act that may violate the cartel ban and to cease any act that may be in breach of competition rules.

This matter revolved around childcare organizations in Amsterdam, which according to the NMa gave one another insight into their market policies and created the suggestion that only the local child care organizations would offer childcare facilities to schools. The childcare organisations promised not to share commercially sensitive information with one another. They have sent out a letter to all schools in Amsterdam, stating that every school is free to contract the childcare organisation of its choice when arranging childcare for after school or during the lunch break.

The NMa stated that it would keep a close eye on compliance. If it turns out that the child care organisations exchange information or make arrangements between them on clients or each other’s catchment areas, the NMa may impose fines. In this matter, our Sarah Beeston advised one of the child care organisations involved.

For more information, please contact Sarah Beeston, European and Competition Law practice.

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