mededingingsbeoordelingen

Mededingingsbeoordelingen, also known as competition assessments, are processes used to evaluate whether certain agreements, decisions by associations of undertakings, or concerted practices are likely to restrict, prevent, or distort competition within a relevant market. These assessments are a cornerstone of competition law enforcement in many jurisdictions, aiming to maintain a level playing field for businesses and protect consumer interests.

The primary goal of a mededingingsbeoordeling is to identify potential anticompetitive effects that could harm the market. This can include practices that lead to price fixing, market sharing, bid rigging, or abusive conduct by dominant firms. Authorities responsible for competition law, such as national competition authorities or the European Commission, conduct these assessments.

The process typically involves analyzing the nature of the agreement or practice, the market in which the parties operate, and the potential impact on competition. Factors considered include market shares, barriers to entry, the degree of market concentration, and the duration and scope of the practice. If a mededingingsbeoordeling concludes that a practice significantly restricts competition, it may be prohibited or subjected to specific conditions or remedies to mitigate its negative effects. Companies may also self-assess their practices to ensure compliance with competition law, often seeking legal advice to understand potential risks.