Contributed By Nysingh Advocaten-Notarissen N.V
First of all, the Competition Department of the ACM works together with other Departments, such as the Consumer, Energy, or Telecommunications, Transport and Postal Services Department.
Furthermore, the ACM engages in close co-operation with other market authorities, like the Dutch Authority for the Financial Markets, the Dutch Data Protection Authority, the Netherlands Gambling Authority, the Dutch Central Bank, the Dutch Healthcare Authority and the Dutch Media Authority, within the so-called Consultation Forum of Regulatory Bodies.
The ACM has concluded publicly available collaboration agreements with each of these authorities or agencies, and with numerous other bodies. These agreements generally contain clauses that authorise the mutual exchange of case-appropriate information, insofar as the exchange is necessary for the proper fulfilment of the authority’s tasks.
Another body with which the ACM concluded an agreement is the public prosecution (Openbaar Ministerie). Article 9 of the Collaboration Protocol between ACM, the Public Prosecution and the Dutch Tax and Customs Administration enables the exchange of information. Article 39f(1)(c)-(d) of the Dutch Data from Judicial and Criminal Proceedings Act authorises the public prosecution to supply the ACM with “personal data from criminal proceedings.” Hence, evidence that has been appropriated by the public prosecution and electronically stored, such as information gathered through legitimate phone taps, can be exchanged with the ACM to be used in a formal competition law investigation. Either the ACM can request this information or the public prosecution can do so ex officio.