Last Updated June 13, 2019

Law and Practice

Authors



Nysingh Advocaten-Notarissen N.V offers its international clients a full range of legal services, with over 95 lawyers dedicated to building trust and developing business through responsiveness, accessibility and thorough, practical knowledge of clients’ industries and markets. The eight lawyers in its EU and competition law team advise on all competition law matters, including co-operation agreements, distribution systems and merger control in a variety of business sectors. The team has particular experience of defending companies in cartel investigations and structuring financial arrangements in accordance with state aid law and state aid notifications to the European Commission. It also advises on import barriers, especially in the food sector. The firm is part of one of the world’s largest legal networks, TAGLaw, with a presence in more than 90 countries around the world through 155 firms.

The ACM is entitled to enter every place (with the exception of a private home) without the consent of the occupier and may take with it the requisite equipment. If necessary, ie, if the company involved refuses entrance, it may gain entry with the assistance of the police. Entitlement to enter ‘every place’ means that the ACM is, for instance, also entitled to enter employees’ cars.

ACM officials are authorised to enter a private home without the resident’s permission, insofar as this is necessary, within reason, for the purpose of exercising the ACM’s investigative powers. However, this requires obtaining a warrant in advance from the examining magistrate entrusted with handling criminal proceedings before the District Court of Rotterdam. If asked for, the warrant must be presented.

ACM officials are authorised to seal off business premises and objects, insofar as is reasonably necessary for the exercise of their investigative powers. As a rule, officials will seal off offices at business premises if they are not able to complete the investigation within one day.

Companies are obliged to co-operate fully with ACM officials, who may reasonably demand this in the exercise of their powers, within such reasonable time limit as they may specify. Refusal to co-operate will result in a fine being issued.

Nysingh Advocaten–Notarissen N.V

Burg. Roelenweg 11
8021 EV Zwolle

+31 (0)88 752 00 00

info@nysingh.nl www.nysingh.nl
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Authors



Nysingh Advocaten-Notarissen N.V offers its international clients a full range of legal services, with over 95 lawyers dedicated to building trust and developing business through responsiveness, accessibility and thorough, practical knowledge of clients’ industries and markets. The eight lawyers in its EU and competition law team advise on all competition law matters, including co-operation agreements, distribution systems and merger control in a variety of business sectors. The team has particular experience of defending companies in cartel investigations and structuring financial arrangements in accordance with state aid law and state aid notifications to the European Commission. It also advises on import barriers, especially in the food sector. The firm is part of one of the world’s largest legal networks, TAGLaw, with a presence in more than 90 countries around the world through 155 firms.

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