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What Does the Market and Government Act Involve?
The Market and Government Act focuses on situations where businesses face competition from government entities. This occurs in various economic activities such as operating parking garages or bicycle storage facilities by municipal companies, renting out real estate owned by the government, providing music or sports education through government institutions, operating swimming pools, childcare, and catering. The Market and Government Act requires governments to comply with certain behavioral rules when engaging in these activities and aims to prevent unfair competition by government entities.
The Market and Government Act includes four central behavioral rules: full cost calculation, prohibition of favoritism, proper use of data, and prohibition of mixing functions. The Netherlands Authority for Consumers and Markets (ACM) supervises compliance and can take enforcement actions.
What Is Our Experience with the Market and the Government?
Our competition law attorneys have in-depth knowledge of complex issues surrounding the Market and Government Act. We advise both government entities seeking to engage in economic activities without risks and businesses experiencing competition from the government. Our lawyers have extensive experience with ACM procedures, objection cases, civil proceedings, dispute resolution, and preventive advice in various sectors such as real estate, sports and recreation, parking operations, education, childcare, and cultural institutions.
Our expertise in both competition law and administrative law enables us to provide comprehensive solutions that are legally sound.
We Have Experts in the Following Areas:
- Assessment and advice on compliance with the Market and Government Act
- Full cost calculation and pricing models
- Prohibition of favoritism and equal treatment
- Use of data and information provision
- Mixing of functions and governance issues
- ACM procedures and enforcement cases
- Civil proceedings between businesses and governments
- Preventive compliance projects and audits
When Should You Consult a Competition Law Attorney?
It is advisable to engage a competition law attorney in various situations:
- For questions about the permissibility of economic activities by government entities
- When a government entity wants to engage in economic activities and seeks assurance of compliance with the behavioral rules
- If you, as a business, face unfair competition from the government
- For complaints, investigations, or enforcement decisions by the ACM
- For preventive audits, cost calculations, or structural adjustments
- When initiating or defending civil proceedings
What Is Our Approach?
Our competition law attorneys follow a personal and results-oriented approach to optimally safeguard your interests. Our approach includes:
- A personal consultation with a thorough analysis of your situation and identification of the legal issues
- Customized advice based on our expertise and knowledge of laws and regulations
- Negotiations with the ACM, opposing parties, or government agencies to reach a suitable solution
- Representation in administrative or civil proceedings if necessary
We always strive to achieve a fast, pragmatic, and effective solution for your Market and Government-related issues, with your interests as our priority.
Why Choose Our Competition Law Attorneys?
We have specialized expertise and years of experience in competition law and Market and Government issues. Our attorneys are involved, approachable, and transparent, opting for a personal approach and clear communication throughout the advisory process. We understand that competition issues at the interface between market and government can have significant economic and strategic impact and act accordingly. Additionally, we have a proven track record of achieving strong results for our clients and practice nationwide. With offices in 's-Hertogenbosch and Amsterdam, we are easily accessible and can arrange meetings flexibly across the country.
With us, you are assured of professional support in the field of the Market and Government Act. Contact our attorneys for more information or to schedule a free consultation.