Netherlands: Watchdog imposed a fine of €1.84M for deleting WhatsApp chats during a dawn raid
The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under investigation for having concluded anticompetitive agreements left several WhatsApp groups, and deleted chat conversations. That is prohibited.
ACM is authorized to perform unannounced company inspections if it has a suspicion that the Dutch Competition Act has been violated. All companies are required to cooperate with ACM investigations, and evidence cannot be destroyed, withheld, or disposed of in any way whatsoever. In this particular case, the company’s employees left WhatsApp groups, and deleted chats. These chats could have contained evidence related to the investigation.
At the beginning of any dawn raid, ACM carefully explains that all employees must cooperate with the investigation, and that they cannot destroy any evidence. That is why ACM takes this case very seriously, and imposes a fine of €1.84 million (US$2.08 million).
The company in question has acknowledged that some of its employees have indeed wrongfully left several WhatsApp groups and deleted chat conversations. The company has fully cooperated with the investigation into the deleted materials to an extent that goes beyond what is required statutorily. That is why ACM has lowered the initial fine by 20%.
The name of the company in question will be disclosed once the investigation into the anticompetitive arrangements has been completed.
Full Content: Authority for Consumers & Markets
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
DOJ and FTC Introduce Website for Reporting Anti-Competitive Healthcare Practices
Apr 18, 2024 by
CPI
US Congress Advances Legislation to Compel TikTok Sale
Apr 18, 2024 by
CPI
UK Financial Sector Advocates Enhanced Regulatory Accountability
Apr 18, 2024 by
CPI
Google and All 50 States Defend $700 Million Consumer Settlement
Apr 18, 2024 by
CPI
Colorado Enacts First Law to Protect Consumer Brainwave Data
Apr 18, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI