Contributed By Nysingh Advocaten-Notarissen N.V
Public enforcement actions regarding cartels are based on Article 6 of the Dutch Competition Act (referred to hereafter as 'the Act') and Article 101 of the Treaty on the Functioning of the European Union (TFEU). In fact, Article 6 of the Act is based on Article 101 of the TFEU, which prohibits the same conduct. Given the relation between these provisions, the Act refers to the TFEU for the definition of terms set out in Article 6, such as 'undertaking' and 'concerted practices'. Other concepts in the Act regarding cartels are generally also applied in line with EU competition law.