Contributed By Nysingh Advocaten-Notarissen N.V
The power of the ACM to impose sanctions for infringements of Article 6 of the Act is subject to a limitation period of five years. This limitation is interrupted by any act on the part of the ACM aimed at conducting an investigation or initiating proceedings concerning the infringement, and by any such act on the part of the European Commission or other national competition authority of a Member State of the EU concerning a violation of Article 101 of the TFEU.
The interruption commences on the first day on which at least one undertaking or association of undertakings that was party to the violation, or one of the persons, as referred to in Article 51(2)(2°) of the Netherlands Criminal Code (principals and de facto managers), is notified in writing of the act. The time limitation commences anew at the moment of the interruption.
In any event, the power to conduct an investigation or initiate proceedings shall ultimately lapse ten years after the violation is committed, plus the period during which the time limitation is suspended pursuant to Article 5:45, paragraph 3 of the General Administrative Law Act.