Contributed By Nysingh Advocaten-Notarissen N.V
From a formal perspective, the target of a cartel investigation has the opportunity to raise legal and factual arguments against the ACM’s view on the case when the ACM has issued its Statement of Objections (SO). The company involved can submit its comments on the SO in writing and orally. In practice, however, defence counsel will be in constant contact with the ACM from the outset of an investigation, submitting information in favour of the company. Defence counsel may also try to persuade the ACM to adopt a a so-called commitments decision (comparable to a commitments decision under Article 9 of EU Regulation 1/2003) and stop the investigation.