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The Dutch Leniency Programme Turns 18:

Still Having a Hoot, or Pause for Thought?

Nicole Rosenboom


Keywords: leniency, ACM, private damages, deterrence effect, whistle blower

Eighteen years ago, the Dutch leniency programme was introduced. The success of the leniency programme is closely linked to the developments around damages claims and firms’ awareness of the impact of other forms of damages. This article looks at past developments in cartel enforcement policy, the impact of damages claims, and deterrent effect of the leniency programme on new and existing cartels and its impact on the number of cartel cases in the Netherlands. It seems that private damages claims are growing up fast, and may well outgrow their younger sibling in terms of their deterrent effect.
Keywords: leniency; ACM; private damages; deterrence effect; whistle blower

Dr Nicole Rosenboom is a Senior Consultant with Oxera in Amsterdam. This article is based on the conclusion of her Economics PhD on cartel enforcement at the University of Amsterdam. For correspondence: <>.


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