Public Enterprises (Market Activities) Act

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When administrative bodies carry out economic activities and compete with other companies in a market in doing so, they are bound by certain 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.

Inequal playing field

Government authorities ('administrative bodies') somewhat regularly carry out economic activities in a market which can also be carried out by companies. In addition, government authorities may have public-sector companies that they (unwittingly) favour. To prevent this from creating an inequal playing field, the government authorities must comply with the rules of conduct laid down in the Public Enterprises (Market Activities) Act, as part of the Competitive Trading Act.

Four important ground rules

In short, four important ground rules apply. Firstly, there is a rule of conduct that requires the government to charge the full cost. Secondly, there is a ban on favouring public-sector companies. Thirdly, there are rules governing the commercial use of data that the government holds by virtue of its public duty. Lastly, there are rules of conduct around segregation of duties to avoid dual-role issues. Knowing the rules of conduct is important both for the government and for market players who are hindered by an inequal playing field. Our specialists assist both governments and businesses.

What we do

Our specialists advise government authorities when they wish to carry out an economic activity or point this out to government authorities and assist entrepreneurs who are faced with a government authority which may be acting in breach of the rules of conduct laid down in the Public Enterprises (Market Activities) Act. In addition, our specialists regularly advise on (the implementation of) general interest determinations (decisions), which can override the rules of conduct.