The Dutch competition authority (the NMa) has a good reputation for alternative case resolution. This is largely due to its innovative approach in settling the construction cartel cases in the Netherlands. Whether the NMa can maintain its reputation remains to be seen, however. Since October 2007, the competition authority has one more tool at its disposal: the commitment decision. This tool, which is the Dutch equivalent of an article 9 decision of the European Commission, allows the NMa to close a case without finding an infringement and without imposing a fine if the parties under investigation give commitments which ensure that they will not, in the future, breach the competition rules.

Source: Competition Law Insight 5/2009