NMa Will Also Conduct Intensive Investigations into the Construction Industry in 2003

The Netherlands Competition Authority (NMa) will continue its intensive investigation into possible infringements of the Competition Act in the construction sector in 2003. NMa will continue to monitor the sector actively in the coming years, as recommended by the Parliamentary Commission of Inquiry into the Construction Industry. NMa is of the opinion that intensified regulation of the construction industry will continue to be necessary in order to bring about healthy competition in the industry.

The attention focused on the construction industry will also be apparent from NMa's agenda for 2003, which NMa will announce next week. In this agenda, NMa indicates which sectors will receive attention , in addition to the construction sector, and what activities NMa will undertake in 2003. NMa is also alert to tenders in branches other than the construction industry. It includes these in its risk analyses and in deciding on its priorities, as recommended by the parliamentary commission of inquiry. In its annual reports, NMa reports on the focus of its policy, the activities which it undertakes and the developments which are identified.

On the basis of documents found at companies and other data which NMa has at its disposal (including the parallel accounts of Koop Tjuchem), NMa has drawn up a report on agreements between the companies Heijmans and Solétanche, following notification by the municipality of Amsterdam with regard to the tender for the North-South underground railway line, cartel agreements between 4 companies in relation to a tender issued by the municipality of Scheemda, cartel agreements between 13 companies in relation to tenders for asphalting projects in Friesland, Groningen and Drenthe, and cartel agreements between 18 companies, for instance, in relation to prices and the division of the market between the asphalt plants.

After the companies have responded to the report and NMa has taken a final decision on whether an infringement has been committed, NMa will decide whether and, if so, what fines will be imposed. In determining the level of the fines, NMa applies its Guidelines for the Setting of Fines. Fines may total up to 10 percent of the annual turnover of a company.

In 2003, NMa will complete investigations which are being held at present and start new investigations. This will also take place in sectors other than the construction industry.