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Legal aftermath of the public transport tender in Limburg and the fine imposed by ACM

On 22 May 2017, following its conclusion that that NS had violated the Competition Act, the Netherlands Authority for Consumers and Markets (ACM) imposed a penalty on the company of €40,950,000. On 27 June 2019, the Court of Rotterdam upheld NS's appeal against that decision. This means that the penalty decision will be annulled. ACM has in turn appealed against the ruling of the court.

Investigation by the Public Prosecution Service

The Public Prosecution Service (specifically, the Office for Financial, Economic and Environmental Offences in Den Bosch) started an investigation in 2015 into possible criminal acts in connection with the tendering process for public transport in Limburg. A writ of summons was issued for NS Groep NV. On 21 December 2017, the district court of Oost-Brabant acquitted NS of two of the offences with which NS had been charged and ruled that the Public Prosecution Service was not allowed to prosecute in the case of a third offence. This ruling was also made in the cases against the other parties involved, insofar as they had been charged with the same offences. The Public Prosecution Service has appealed against the ruling of 21 December 2017. It is not known at present when the Court of Appeal will hear the Public Prosecution Service's appeal.

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