The Netherlands Competition Authority (NMa) recently announced that it would impose penalties on five Supervisory Directors of the Wegener media group in person, in the amount of EUR 1.3 million. A fine of EUR 19 million has been imposed on Wegener itself. This is the first time that the NMa has exercised its right to impose fines on Supervisory Directors in person.

Vialis Traffic B.V. (“Vialis”) has received 100% fine immunity after all in respect of its involvement in a cartel in the traffic regulation systems sector. Previously, the Dutch competition authority (NMa) had granted it 80% clemency. After a successful appeal by Vialis before the Rotterdam Court, the NMa increased the clemency percentage to 100% in a new decision on the objection.

The European Commission (the “Commission”) has imposed fines for the first time in a “hybrid” case, involving both a settlement and the regular procedure. The fine in the total amount of more than € 175 million was imposed on producers of animal feed phosphates. They are chemical compounds that are used in animal feed for cows, pigs, poultry, fish and pets. One of the producers, the French Timab Industries S.A. (“Timab”), no longer wished to cooperate in a settlement procedure, after which a fine was imposed on it in accordance with the regular procedure.

In 2004 the Dutch Competition Authority (NMa) imposed a fine of € 55,000 on the Netherlands Association of Psychotherapists (“NVP”) on the grounds of violation of Article 6 of the Dutch Competition Act. The NVP did not appeal that sanction decision and the decision has therefore acquired formal legal force. The NVP has requested a review of the ruling because the fines imposed on the other parties involved, which did file an appeal, were revoked. The court has now ruled that the NMa rightly rejected the request for a review. The fact that the NVP did not file an appeal is for its account and risk.

At the end of 2009 the Netherlands Competition Authority (NMa) imposed fines of EUR 100.00 and EUR 150.000 respectively on two company employees for breaching their obligation to cooperate. The former employees had claimed the right to remain silent, but the NMa took the view that they were not entitled to do so. The former employees lodged an objection to the fine, and on 7 May this year the NMa declared the objections unfounded.

For the first time the European Commission has imposed fines through a settlement procedure on ten DRAM (Dynamic Random Access Memory) producers. These semiconductor manufacturers have been fined a total of more than EUR 331 million for making prohibited cartel agreements.

The Internet, franchise, shop in shops, multi-brand stores. These are all ways in which a company can get its products to market. Often a company makes use of a network of distributors, agents, franchisees or other sales channels such as the Internet. Suppliers and distributors often find themselves in a field of tension in respect of price, discounts, marketing and sales strategy. Contracts do not always provide a solution.