On 19 December 2005, the NMa announced that it levied fines totalling more than EUR 1 million on eight companies in the Netherlands in the field of landscape gardening.2 The penalties were imposed for bid-rigging agreements made in 2004 in relation to five tenders for the maintenance of public "green" space in the city of Maastricht from 2004 to 2006. A number of these companies appealed before the District Court of Rotterdam against the NMa’s decision not to impose a fine on the horticulturist in question. The District Court ruled that the NMa’s decision should indeed be annulled since the horticulturist had been aware of the bid-rigging and should have distanced itself explicitly from it. The District Court concluded that by not doing so, the horticulturist had violated the cartel prohibition and the NMa should have imposed a fine.