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Competition complaints procedure

Invest-NL’s procedure for handling competition complaints is set out below.

Article 1 Definition of terms

The following terms are used in this complaints procedure:

  • Invest-NL: the public limited company Invest-NL N.V., as referred to in Section 10 of the Authorisation Act (Machtigingswet);

  • complainant: any undertaking that files a notice of complaint with Invest-NL;

  • complaints officer: the person charged with handling the complaint, namely a Legal Affairs staff member or a person designated by the General Counsel;

  • Authorisation Act: Legislation authorising the establishment of the Dutch financing and development institute Invest-NL (Authorisation Act on the establishment of Invest-NL - Machtigingswet oprichting Invest-NL);

  • competition complaint: a notice of complaint in which the complainant states and substantiates that a specific activity of Invest-NL or one of its subsidiaries, as indicated in the notice of complaint – other than those performed by virtue of a mandate, power of attorney or authorisation of the relevant Minister – leads to undesirable competition with undertakings in terms of the proper functioning of the market.

  • Minister: the Minister of Economic Affairs and Climate Policy.

Article 2 General principles

  1. The aim of this complaints procedure is to establish a framework for handling complaints in a constructive manner and within a reasonable time frame. Download pdf Circulaire Energietransitie

  2. A notice of complaint should be submitted to Invest-NL, attn. Department of Legal Affairs, Kingsfordweg 43-117, 1043 GP Amsterdam.

  3. Undertakings may submit a notice of complaint to Invest-NL free of charge.

  4. This complaints procedure is clearly communicated and easily accessible on the Invest-NL website.

  5. The person submitting a notice of complaint will receive written confirmation of receipt from Invest-NL within two weeks.

  6. A notice of complaint may only relate to the services of Invest-NL.

  7. At the very least, the following must be included in the notice of complaint:
    a. the complainant’s name and address;
    b. the date;
    c. a substantiation of the complaint;
    d. the complainant’s signature.

  8. If the notice of complaint is drawn up in a foreign language and a translation is required for proper handling of the complaint, the complainant must arrange for a translation.

  9. If the notice of complaint is not in accordance with the conditions of (7) and (8) in this article, the complainant will be given the opportunity to meet these conditions, and the complainant will receive a written request to this effect.

  10. Invest-NL is not obliged to handle a complaint if it relates to an activity or service of Invest-NL:
    - which has since been terminated;
    - about which a notice of complaint has previously been submitted and which has been handled in accordance with this complaints procedure; or
    - which is or has been the subject of proceedings before a civil court, any complaints body or the European Commission.

  11. Invest-NL is likewise not obliged to handle a complaint if the interest of the complainant is manifestly insufficient.

  12. The complainant will be informed in writing of the reasons for not handling the complaint as soon as possible, but no later than four weeks after receipt of the notice of complaint.

Article 3 Complaints procedure

  1. Upon receipt of a competition complaint, Invest-NL will notify the Minister within two weeks of the date of receipt.
  2. Legal Affairs coordinates the investigation that Invest-NL initiates in response to a notice of complaint.
  3. Invest-NL may offer the complainant the opportunity of a hearing. The hearing may be waived for various reasons, including:
    - the complaint is manifestly unfounded;
    - the complainant has stated that he/she does not wish to exercise the right to a hearing; or
    - the complainant does not state within a reasonable period set by Invest-NL that he/she wishes to exercise the right to a hearing.
  4. The complainant may be assisted by another person or appoint an authorised representative. Invest-NL may require written authorisation if an authorised representative is appointed.
  5. A staff member of Invest-NL Legal Affairs will take the minutes of the hearing. The complainant will receive a copy of these minutes.
  6. Invest-NL will complete the complaints procedure within twelve weeks of receipt of the notice of complaint. Invest-NL may adjourn the handling of the complaint for a maximum of ten weeks. The complainant will be notified in writing of the adjournment.
  7. Following investigation, if Invest-NL concludes that the complaint is well-founded, Invest-NL will inform the complainant in writing as soon as possible that it will allow the complaint.
  8. The fact that a complaint is allowed does not imply that the activity and/or service undertaken by Invest-NL up to that point was unlawful. The civil court is the competent authority in this case.
  9. If Invest-NL does not allow a complaint, Invest-NL will provide the complainant with a written substantiation of its decision, including the findings of the investigation into the complaint, Invest-NL’s opinion based on these findings and any conclusions Invest-NL draws from the procedure.
  10. Invest-NL reports to the Minister at the end of every quarter on the status of any competition complaint submitted.

Article 4 Registration and publication

The complaint, the handling of the complaint and any measures taken are registered in the Invest-NL complaints database. The internal complaints report is discussed every quarter in the management meeting, and improvements are proposed where necessary for the handling of complaints. If necessary, processes at Invest-NL are adjusted to prevent future complaints.

 

Article 5 Final provision

  1. This procedure is cited as ‘Invest-NL Competition Complaints Procedure’.
  2. This complaints procedure came into effect on 12 December 2019.