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Kalbfleisch, Pieter --- "Criminal Competition Law Sanctions in the Netherlands" [2006] ELECD 464; in Cseres, J. Katalin; Schinkel, Pieter Maarten; Vogelaar, O.W. Floris (eds), "Criminalization of Competition Law Enforcement" (Edward Elgar Publishing, 2006)

Book Title: Criminalization of Competition Law Enforcement

Editor(s): Cseres, J. Katalin; Schinkel, Pieter Maarten; Vogelaar, O.W. Floris

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845426088

Section: Chapter 18

Section Title: Criminal Competition Law Sanctions in the Netherlands

Author(s): Kalbfleisch, Pieter

Number of pages: 7

Extract:

18. Criminal competition law sanctions
in the Netherlands
Pieter Kalbfleisch

1 INTRODUCTION
Whether I consider the Dutch experience with competition law enforcement,
and more specifically sanctioning, as a judge or as a director-general of
the NMa, it goes without saying that the essential question when it comes
to imposing sanctions is whether sanctions are effective. Are sanctions
contributing in one way or another to a better society, to better behaviour, to
better competitiveness? As a judge, I used to be rather pessimistic about the
answer to these questions. But at least you can say that a judge is entitled to
inflict some revenge on behalf of society on the defendants if they are found
guilty. As a director-general, my task is only to enhance competitiveness
through enforcement or, as we will see, through non-enforcement. Are we
successful in that way?
Some of my colleagues at the NMa think I refer too much to my previous
life as a judge. At times, I have to admit they are probably right. I am no longer
a judge, but a director-general responsible for competition enforcement.
Today, I think these colleagues will agree with me that it is very appropriate to
make a comparison between my previous and current professional experience
since I have experience of today's topic from different angles.
The topic today is our country's experience with criminal law sanctions.
To be frank, it is of little concern to me what the nature of the sanctioning
...