NMa imposes fine of EUR 100,000 on individual for refusal to co-operate with investigation

23 November 2009

Natascha Linssen

The Dutch competition authority, the NMa, has imposed a fine of EUR 100,000 on an individual former employee of an undertaking, for refusing to cooperate with a competition law investigation carried out by the NMa.  The NMa was investigating possible infringements of the Dutch Competition Act by the undertaking concerned.  As part of its investigation, the NMa requested information from the former employee, who had held several commercial management positions within the undertaking but had left the business several years earlier.

The Dutch General Administrative Law Act requires individuals to cooperate with NMa investigations.  The individual’s refusal in this case to provide the required information therefore constituted a breach of the statutory obligation for individuals to cooperate.  The maximum fine that can be imposed by the NMa for non-cooperation with an investigation is EUR 450,000.  In this case, the NMa imposed a fine of EUR 100,000, taking into account the gravity of the breach and the personal financial situation of the individual concerned.

Source: www.nmanet.nl, 16 November 2009