Contributed By Nysingh Advocaten-Notarissen N.V
A penalty decision by the ACM, against which no further appeal is possible, counts as compelling evidence in civil proceedings regarding damages actions. It is therefore clear that a decision is important for follow-on damages claims.
Furthermore, pursuant to Article 2.87 of the Dutch Public Procurement Act 2012, implementing EU Directive 2014/24 on public procurement, contracting authorities may exclude undertakings from taking part in procurement procedures, where the contracting authority can demonstrate by appropriate means that the undertaking is guilty of grave professional misconduct, which renders its integrity questionable. Violation of competition law is considered to be an example of grave professional misconduct. A penalty decision of the ACM may therefore lead to exclusion from a procurement procedure.