Procurement and competition

Companies are not allowed to make agreements or coordinate behaviour among themselves to restrict competition in the market. If companies do, they may be violating the cartel prohibition and risk a fine. Our specialists will be happy to advise you on this.

Companies regularly merge, establish joint ventures or acquire other companies. A ‘concentration’ in competition law terms may then apply.

Having economic dominance is not prohibited. Abusing that position on the other hand, is. Abuse of dominance applies when a company harms the competitive position of another company. There are different forms of abuse. In such cases, the Netherlands Authority for Consumers and Markets (ACM) can impose a fine.

Selecting and contracting healthcare providers within the legal frameworks poses several challenges. Our specialists assist both procurement officers and healthcare providers in this process.

Governments should give market players an equal opportunity in the allocation of land and the granting of scarce rights. Our specialists advise on application of these rules and one-to-one business opportunities.

Project and area development processes are often lengthy. Not only do the interests of the municipality, developers and investors play a role, the interests of landowners, local residents, entrepreneurs and housing associations must also be taken into account. This naturally poses challenges. It is good to then have the support of a partner who has experience in this.

When administrative bodies carry out economic activities and compete with other companies in a market in doing so, they are bound by rules. Rules of conduct also apply to avoid public-sector companies being unduly favoured. The rules laid down in the Public Enterprises (Market Activities) Act are aimed at creating a level playing field between the government and companies and should prevent the level playing field from being disrupted. Our specialists will be happy to advise you on this.

When the government wants to support enterprises, they have to take state aid rules into account. The question of whether state aid applies is answered on the basis of five interrelated criteria.

Tendering is a complex matter and in a league of its own. Imminent deadlines and unclear criteria often. Then it’s good to benefit from a legal partner who understands your company well, can provide quick support, strategic advice and litigate if necessary.