Regulated markets

Companies that operate on regulated markets such as Energy, Post and Telecommunications, Transport or Healthcare are often bound by sector-specific regulations and are subject to supervision by special supervisory authorities. The government acts as a regulator, as it were, and determines the scope within which the business community may operate.

Examples of sector-specific supervisory authorities are the Energy and Transport Regulation Office of the Netherlands Competition Authority (NMa), the Independent Post and Telecommunications Authority (OPTA) and the Dutch Healthcare Authority (NZa).

• The NMa’s Energy Regulation Office (previously known as the “Dte”) enforces the Electricity Act 1998 and the Gas Act (as well as the future Heating Supply Act), and supervises compliance with those Acts.
• The NMa’s Transport Regulation Office is in charge of the supervision of the rail sector, aviation sector, pilotage service and other public transport sectors, such as tram, metro and bus transportation.
• The OPTA monitors the operation of market forces on the deregulated post and telecommunications markets.
• The NZa supervises the conduct of all healthcare providers and healthcare insurers on the curative and long-term healthcare market, and ensures that they comply with the law. The NZa sets rules, budgets and rates for the regulated healthcare sector and sets conditions for market forces that can be deregulated in whole or in part.
• The Consumer Authority has been designated to supervise compliance with the legislation and regulations of general consumer law. Under the Consumer Protection Enforcement Act, it can take action against any party that violate e.g. the rules regarding general conditions, distance buying, e-commerce, warranties and non-conformity, unfair trade practices and services.

The sector-specific regulations that these supervisory authorities enforce are often very complex and are subject to rapid change. Failure to comply with these rules may have drastic consequences for a company; in certain circumstances supervisory authorities can intervene in a company’s policy. They also have the authority to impose (high) penalties on violations. Moreover, compliant companies may be confronted with unfair competition from companies that fail to observe these regulations.

Anticipating sector-specific regulations and the policy of supervisory authorities is becoming increasingly important and can protect companies against often expensive legal proceedings.

If you wish to know whether your company is in compliance with the market rules, our specialist attorneys will be pleased to assist you.

Lawyers:

» mr. drs. M.W.J. (Martijn) Jongmans
» mr. M.J. (Minos) van Joolingen
» mr. S.M.M.C. (Silvia) Vinken