NETHERLANDS Law and Practice Contributed by: Ekram Belhadj and Cees Dekker, Simmons & Simmons LLP
larly relevant if a customer reports a suspected cartel involving their supplier to the ACM. The ACM promotes whistle-blowing by providing a dedicated page on its website with essential information for potential whistle-blowers. How - ever, it appears that the whistle-blower protec - tion is not widely utilised in practice in relation to violations of the Act. 4. Procedural Framework for Cartel Enforcement 4.1 Obtaining Evidence From Employees The ACM is entitled to interview company employees and former employees for the pur - poses of ongoing investigations and will do so in practice. This can be accomplished in informal settings, as part of hearings and in the context of dawn raids. Employees are allowed to be accompanied by counsel and are obliged to co- operate, but will have the right to remain refrain from providing responses that could incriminate the company if they are an employee of a com - pany that is the target of an investigation. 4.2 Obtaining Documentary Evidence From Subject/Target Companies The ACM can seek documentary information directly from the company under investigation, either by sending it a request for information or in the context of dawn raids. The same goes for other companies (not the subject of an investiga - tion) or individuals. 4.3 Obtaining Evidence From Entities Outside the Jurisdiction The ACM has jurisdiction over practices that affect the market in the Netherlands, irrespective of where the companies involved are located. Therefore, the ACM has the power to request the
provision of information from companies located outside the Netherlands. The General Adminis - trative Law Act does not limit these powers to companies located in the Netherlands. Where needed, the ACM may request the assistance of other competition authorities. 4.4 Domestic Inter-Agency Co-Operation The competition department of the ACM works together with other departments within the ACM, such as the consumer, energy, or telecommuni - cations, transport and postal services depart - ments. Furthermore, the ACM engages in close co- operation with other market authorities, such as the Dutch Authority for the Financial Markets, the Dutch Data Protection Authority, the Neth - erlands Gambling Authority, the Dutch Central Bank, the Dutch Healthcare Authority and the Dutch Media Authority, within the so-called Con - sultation Forum of Regulatory Bodies. The ACM has concluded publicly available co-operation agreements with each of these authorities or agencies, and with numerous other bodies. These agreements generally con - tain clauses that authorise the mutual exchange of case-appropriate information, insofar as the exchange is necessary for the proper fulfilment of the authority’s tasks. The ACM has also concluded such an agree - ment with the Public Prosecutor ( Openbaar Ministerie ). The Collaboration Protocol between the ACM, the Public Prosecutor and the Dutch Tax and Customs Administration enables the exchange of information. The Dutch Data from Judicial and Criminal Proceedings Act author - ises the Public Prosecutor to supply the ACM with “personal data from criminal proceedings” . Hence, evidence that has been appropriated by
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