Criminalization of Competition Law Enforcement
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Criminalization of Competition Law Enforcement

Economic and Legal Implications for the EU Member States

Edited by Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate.
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Chapter 18: Criminal Competition Law Sanctions in the Netherlands

Pieter Kalbfleisch


Pieter Kalbfleisch 1 INTRODUCTION Whether I consider the Dutch experience with competition law enforcement, and more specifically sanctioning, as a judge or as a director-general of the NMa, it goes without saying that the essential question when it comes to imposing sanctions is whether sanctions are effective. Are sanctions contributing in one way or another to a better society, to better behaviour, to better competitiveness? As a judge, I used to be rather pessimistic about the answer to these questions. But at least you can say that a judge is entitled to inflict some revenge on behalf of society on the defendants if they are found guilty. As a director-general, my task is only to enhance competitiveness through enforcement or, as we will see, through non-enforcement. Are we successful in that way? Some of my colleagues at the NMa think I refer too much to my previous life as a judge. At times, I have to admit they are probably right. I am no longer a judge, but a director-general responsible for competition enforcement. Today, I think these colleagues will agree with me that it is very appropriate to make a comparison between my previous and current professional experience since I have experience of today’s topic from different angles. The topic today is our country’s experience with criminal law sanctions. To be frank, it is of little concern to me what the nature of the sanctioning system is, whether criminal law enforcement or administrative law enforcement, as...

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