Accelerated Sanctions Procedures and Special Fining Guidelines
How to handle multiple cases involving up to 650 companies? Above all, it was important to be efficient. The NMa needed to comply with political pressure calling for swift results. Also, the Authority was keen to prevent long procedures, as these would keep all parties involved hostage for years. Moreover, sanctions procedures were to have the right effect, stimulating construction companies to come clean and contribute to a system of sound competition.
With these goals in mind, the NMa introduced an accelerated sanctions procedure (the so-called “fast lane procedure”). This procedure is open to parties who do not contest the facts and infringement as set out in the statement of objections.
Once a company opts for the accelerated procedure, it agrees that a hearing on the merits of its individual case is no longer necessary and agrees to be represented by a joint legal representative.. Companies may, however, submit a written submission to the NMa regarding certain individual circumstances (relating to their financial position, for instance).
Companies that choose to participate in the accelerated sanctions procedure benefit by receiving a 15% fine reduction, provided they comply with all the conditions of the procedure. The normal administrative procedure remains open to those who wish to contest the infringement and their alleged participation. Legal protection is therefore preserved.
The NMa also introduced Special Fining Guidelines for each of the sectors involved. The accelerated fining procedure prescribed a method of fining specially adapted to stimulate company participation. The specific method is set out in the various Special Fining Guidelines <link naar Accelerated Sanctions Procedures and Special Fining Guidelines>.
Generally speaking, the starting point for the basic amount of the fine is 12% of a company's turnover from tenders in 2001 (whether turnover from tenders is used a basis for the basic amount may differ depending on the Guidelines of the specific sector).
The maximum of 12% may be adjusted by the Board of the Authority depending on the arguments presented by the joint legal representative on behalf of the respective sector. Thereafter, account is taken of other circumstances of the respective company, such as leniency and the financial situation of the company concerned.
Statistics
Overview of Special Fining Guidelines for the construction industry
