Jolling de Pree and Stefan Molin have provided the Netherlands chapter in the fifth edition of the The Cartels and Leniency Review. This book brings together leading competition law experts from more than two dozen jurisdictions to address an issue of growing importance to large corporations, their managers and their lawyers: the potential liability, both civil and criminal, that may arise from unlawful agreements with competitors as to price, markets or output.
The broad message of the book is that this risk is growing steadily. In part because of US leadership, stubborn cultural attitudes regarding cartel activity are gradually shifting. Many jurisdictions have moved to give their competition authorities additional investigative tools, including wiretap authority and broad subpoena powers. There is also a burgeoning movement to criminalise cartel activity in jurisdictions where it has previously been regarded as wholly or principally a civil matter. The growing use of leniency programmes has worked to radically destabilise global cartels,
creating powerful incentives to report cartel activity when discovered.
The Netherlands chapter can be downloaded here.
The Cartels and Leniency Review
Reproduced with permission from Law Business Research Ltd.
This article was first published in The Cartels and Leniency Review – Edition 5
(published in January 2017 – editors: Christine Varney and John Terzaken).