Contributed By Nysingh Advocaten-Notarissen N.V
Article 6(1) of the Act concerns cartel conduct that has an effect on Dutch markets. Therefore, the ACM’s personal jurisdiction extends to those cases in which cartel conduct has an effect on the Dutch market or a part of it, irrespective of the location of the undertakings or associations concerned: the ACM has the competence to impose sanctions on an undertaking even if that undertaking is located in another country. In the Shrimps case, the ACM imposed fines on undertakings located abroad (Denmark and Germany) for the first time. Furthermore, Article 5 of EU Regulation 1/2003 gives the ACM the power to apply Article 101 of the TFEU, ie, cartel conduct that may affect trade between Member States, to individual cases.