15 August 2020

Extradition and surrender of EU citizens for antitrust violations - at the intersection of criminal and competition law

In the Netherlands, competition law is (still) dealt with under administrative law. Criminal enforcement of this area of law has been on the rise in other countries in recent years; also in several European Union member states. Although competition law has a "criminal past" in the Netherlands, this form of enforcement was little used and/or was unsuccessful and has been abandoned. However, the fact that the Netherlands does not now penalize competition law violations does not mean that competition law violations do not carry criminal risks for Dutch nationals. If such violations by Dutch nationals have an effect abroad, because, for example, the customers of a cartel are located there, Dutch nationals may still face criminal prosecution and conviction - albeit abroad.