In the Netherlands the prohibition of cartels is set out in Section 6 of the Competition Act (“Mededingingswet”). The prohibition of cartels essentially entails that businesses are prohibited from making arrangements, which noticeably place restrictions on competition in the Dutch market (or part of it).

For instance, they are prohibited from entering into price agreements with their competitors or entering into agreements to divide up the market. Another example of prohibited activities is retail price maintenance, which is the practice wherein suppliers impose resale-selling prices on their customers. Any proven contravention of the law governing the prohibition of cartels attracts severe fines, which can amount to up to of 10% of the turnover of the businesses that are held to be parties to the prohibited agreement.

Van Benthem & Keulen’s attorneys have extensive experience in successfully dealing with these and any other issues that may arise under this area of law. For example when preparing and evaluating distribution and agency agreements it is important to address whether it is permissible to assign an exclusive territory to a distributor.