Criminalization of Competition Law Enforcement Economic and Legal Implications for the EU Member States
Economic and Legal Implications for the EU Member States
Edited by Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar
Chapter 18: Criminal Competition Law Sanctions in the Netherlands
18. Criminal competition law sanctions in the Netherlands 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...
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