The NMa is keeping a close watch on the advice given by trade associations to their members. In the past months, the NMa has urged a total of five trade associations to adjust the recommendations made to their members. A EUR 7.7 million fine was imposed on one trade association with two of its officials being fined EUR 50,000 and EUR 25,000 for anti-competitive "recommendations". In line with EU case law, the NMa examined whether the trade association's recommendation qualified as a decision by constituting "a faithful reflection of the trade association's resolve to coordinate the conduct of its members".1

In December 2011, the trade association for Dutch textile care professionals committed itself to no longer advise its members to pass on specific costs for textile care to certain customers after the NMa had expressed concerns. In addition, it promised to remove the words "coordination and harmonisation of the members' activities" from the objects in its articles of association.2 The Dutch association of physiotherapy had its knuckles rapped for calling on its members to refrain from concluding any contracts with insurers before a dispute between the physiotherapists and the insurers on the use of a quality system had been resolved. According to the NMa, this could lead to an anti-competitive collective boycott and it urged the association to clarify to its members that they remain free to make up their own minds as to whether they conclude contracts with insurers.3 In January 2012, the NMa instructed the Dutch Association of Travel Agents and Tour Operators to revise its General Agency Conditions which were interpreted by some of the travel agents as a ban on discounts on travel sales.4 The amendment led the NMa to close its investigations into the travel industry. Similarly, the NMa urged the trade association for inland shipping to adjust its gas oil circulars to avoid the impression that inland shippers should pass on their waste management contribution costs to their customers.5

The Dutch Association of General Practitioners was not let off the hook that easily. The Association was fined for recommending to its members that they only accept new GPs in a certain geographic area if the established GPs in that region agree to their entry.6 According to the NMa, these recommendations created barriers to market entry for new GPs the object of which was to restrict competition. It therefore imposed a total fine of EUR 7,719,375. In addition, fines of EUR 50,000 and EUR 25,000 were imposed on two officials because the NMa held them responsible for making the recommendations to the members. In setting the trade association's fine, the NMa among other things took account of the fact that the trade association should have known better since the NMa had refused to grant it an exemption in regard of a similar establishment policy in 1998.7 In addition, the Association's basic fine was increased because it had paid the individual fines imposed on its two officials.

Footnotes

1. Case 45/85, Verband der Sachversicherer, 1987 [ECR] 405.

2. Case 7245/Toezeggingsbesluit Federatie Textielbeheer Nederland, 29 December 2011.

3. NMa press release of 30 December 2011.

4. NMa press release of 5 January 2012.

5. NMa press release of 18 January 2012.

6. NMa press release of 9 January 2012.

7. The possibility to file for an individual exemption was removed from the Dutch Competition Act in 2004.

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