The NMa greatly values your help in tracking down possible violations of the Dutch Competition Act. You can help the NMa in several ways:
- Tipping off the NMa concerning a possible violation, reporting one, or filing a complaint
- Filing a decision request with the NMa
- Filing an application for leniency
Tipping off the NMa concerning a possible violation, reporting one, or filing a complaint
Indications and tip-offs that the NMa receives from individuals and undertakings concerning possible violations of the Dutch Competition Act are highly appreciated. It is this kind of information that enables the NMa to increase its insight into specific market structures, to help it in analyzing certain patterns of behavior, to increase its knowledge of a certain industry, and to track down possible violations.
On an annual basis, the NMa receives approximately 4,000 indications and tip-offs concerning possible violations of the Competition Act. Tips or indications may result in the launch of a new investigation or they may be used in current, ongoing investigations.
Tipping off the NMa concerning a possible violation, reporting one, or filing a complaint can be done in several ways.
- By calling the NMa at +31-70-330-1306
- By sending an email to info@nmanet.nl
- By using the 'tip us off' form (in Dutch)
- Or by sending us a report by regular mail to NMa, P.O. Box 16326, 2500 BH, The Hague, The Netherlands.
When reporting one, it is important that you describe the alleged violation as specifically as possible, and that you relate it to the Competition Act. In case your report calls for a further investigation to be launched, the NMa may contact you for additional information.
Filing a decision request with the NMa
Filing a decision request with the NMa differs from reporting a tip-off, indication, or a complaint, as there are no official requirements that these latter categories must meet.
When handling a decision request, the NMa is legally required to issue a formal decision. Also, you, as the party that filed the decision request, can choose to be informed about what the NMa does with your information. That is why a request must meet a number of legal requirements – more on those requirements can be found in the brochure on complaints, tip-offs, indications and decision requests (see below). In addition, the party that is the subject of the decision request will be informed of the request having been filed against it. So if you do not necessarily wish to be kept informed, reporting a tip-off, indication or complaint will suffice.
Because of the official requirements when filing them, decision requests can only be filed with the NMa in writing, using the decision request form (Annex 2) in the earlier mentioned brochure on complaints, tip-offs, indications and decision requests, and can be sent by regular mail to the address below:
NMa
P.O. Box 16326
2500 BH The Hague
The Netherlands
Filing an application for leniency
Undertakings and natural persons (in certain cases) engaged in cartel practices, either current or former, may be eligible for immunity or fine reduction (‘leniency’). However, in order to qualify for leniency, parties are required to fully cooperate with the NMa when filing an application for leniency with the NMa’s Leniency Office.
For more information on leniency and on how to file an application for leniency, please go to:
http://www.nmanet.nl/engels/home/Business_information/Leniency/index.asp
Anonymity
The NMa highly appreciates your help in tracking down violations of the Competition Act. Therefore, all information that you provide us with will be treated with the utmost confidentiality. In addition, you can also provide us with information anonymously, which is often as useful to the NMa. However, please be aware that if you do provide us with information anonymously, that information will be of different value to the NMa.
As a rule, anonymous information can only be used to initiate a further investigation, and it will therefore be considered as a tip-off or a report. Please be aware that a (formal) complaint can never be filed anonymously.
In case you want to minimize the risk that your identity might be become known to other undertakings, you should not inform the NMa of your identity.
In case you do inform the NMa of your identity, and an investigation is carried out based on your tip-off or report, the NMa will do its utmost best to protect your anonymity. However, the NMa cannot guarantee that your identity (the party that gave the tip-off or report) will never become known to the undertaking that is the subject of the complaint. This is because the NMa is bound to certain legal requirements, which could force the NMa to disclose in court the identity of the party who provided the tip-off or report.
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