Objectives

The NMa annually presents a list of prioritised markets. These come under intense scrutiny. Of course, the NMa also operates in markets falling outside this scope of priority. Please consult the NMa Agenda for latest news on the agency’s enforcement programme.

The importance of our work extends beyond law enforcement per se. More broadly speaking, our main objective is to ensure that competition rules continue to play a role in business considerations. In short, we aim for spontaneous compliance. Though this effect of our work is rarely visible, it is of utmost importance as competition guarantees liberty of choice for consumers.

NMa-Agenda 2008

Enforcement action must bring to light risks. It should also establish authority. And it is to provide focus. Our message is clear and simple: we will act against infringements and solve competition problems. It is appropriate for the government to be judged by its results, in terms of efficiency and minimal administrative burdens. Giving out warnings, as well as providing focus and information strengthens the effectiveness of our enforcement programme. After all, we need to raise awareness in order to optimise compliance.

Accountability

The consultation document for the NMa Agenda 2008 generated much response. This provided us with a welcome opportunity to test future plans. Reactions to the consultation are available on the NMa’s website. On 10 January 2008 we presented the final draft of the NMa Agenda 2008. We will account for our activities by publishing an Annual Bulletin at the end of this year, to be followed by the NMa’s Annual Report at a later date. The Annual Bulletin 2007 was presented in conjunction with the NMa Agenda 2008. Our next Annual Report is due for April 2008.

NMa Agenda 2008

The NMa Agenda outlines our main enforcement objectives and prevailing enforcement strategies. The document proceeds by focusing on the (new) instruments at our disposal. You will find information on a number of changes to the Competition Act which have taken effect as of 1 October 2007, and a brief overview of the revised Fining Code and Leniency Guidelines. Of course, the Agenda also sets out which areas of attention have been prioritised for 2008.

Practical enforcement instruments

Following the amendment to the Competition act, the NMa has full authorisation to enter private premises without prior consent of the resident. Also, the NMa may now impose fines on board members and directors who exert de facto leadership or give instructions with regard to infringements of the Competition Act, involving for instance cartels. Furthermore, merger control has been brought further in line with European competition law.

Areas of attention

Areas of attention for 2008 relate to healthcare, financial services, the food and agri-business, energy and postal services. The industry-specific regulators, the Office of Energy Regulation and the Office of Transport Regulation, have also established key areas of attention. The Office of Energy Regulation will emphasise the need for developing and improving the North-West European market for electricity and gas. It will also focus on regulating (regional) network operators and monitoring changes in the consumer market. Areas of attention for the Office of Transport Regulation include issues relating to railway capacity and regulation under the Aviation Act.