The Dutch Competition Authority (ACM) fined two companies for bid rigging in a public tender procedure for home care services. After objections, the ACM considered that the fine should be lowered because the tender followed shortly after the introduction of competition in the market for home care. In appeal, the highest administrative court (College van Beroep voor het bedrijfsleven) stated in its decision of 11 January 2017 that the fine should be decreased even further. One of the reasons was the recently introduced competition in the market. The court held that this introduction required a change of mentality and a more antagonistic approach towards other home care suppliers, which could not be completely made within the short period in which the home care suppliers had to prepare for this first round of tender procedures.
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Fine lowered because of recently introduced competition
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