Second round 2004 - 2006
In February 2004 Dutch media revealed the existence of yet another set of 'black accounts'. These belonged to the firm Boele & Van Eesteren (a subsidiary of the Volker Wessels conglomerate) and related to the Housing and Utility Construction sector [B&U].
Subsequently, the NMa issued a sector-wide appeal for companies to report cartel offences voluntarily. Simultaneously, the Dutch Government issued a warning that construction companies should "come clean" on past illegal behaviour before 1 May 2004, or otherwise face exclusion from future tenders. In total, 481 companies heeded the call to come clean by filing applications for leniency with the NMa.
Though a number of investigations had already been underway, these leniency applications significantly contributed to a second period of intense investigation and sanctions procedures involving sectors of the Construction Industry other than the Civil Engineering and Infrastructure sector [GWW].
Anti-competitive behaviour, involving bid-rigging and the allocation of sales quota, proved to be endemic among companies in a range of sectors, involving Installation Engineering, Housing and Utility Construction [B&U], Cable and Pipeline Construction, Horticultural Services and Prefabricated Concrete Products. For each sector involved, the NMa issued Special Fining Guidelines.
To avoid large-scale bankruptcy of the Construction Industry and allow companies to make a clean break with the past, construction companies were given the choice of participating in an accelerated sanctions procedure.
Approximately ninety per cent of companies chose to enter this 'fast lane'. The NMa's Special Fining Guidelines were specially designed to fit the exceptional nature of the cases and sector at hand.
As a result, many companies were able to quickly resolve the cases that had been brought against them. Up until now, the number of fining decisions in the 'Construction Case' has amounted to 1374.
To help institutionalise reform and improve competition in the Construction Industry, the Minister of Economic Affairs established a Regulatory Council for the Construction Industry [Regieraad van de Bouw] in 2005. It concerns a joint effort with the Ministries of Housing, Spatial Planning and Environment [VROM] and the Ministry of Transport, Public Works and Water Management [VenW]. The Council is to be active until 1 May 2008.
Leniency
Overview Special Fining Guidelines (sector)
Accelerated Sanctions Procedure and Special Fining Guidelines
Press releases and news bulletins
Statistics
introduction page
