Legal aftermath of the public transport tender in Limburg

Investigation by the ACM

On 22 May 2017, the Netherlands Authority for Consumers and Markets (ACM) concluded that NS had violated the Competition Act and fined NS €40,950,000. NS disagrees with the ruling and the supporting arguments for the decision. NS has therefore submitted a notice of objection, asking the ACM to reconsider its decision. Both the Supervisory Board and the Minister of Finance as the shareholder support this notice of objection.

Investigation by the Public Prosecution Service

The Public Prosecution Service (specifically, the Office for Financial, Economic and Environmental Offences in ‘s-Hertogenbosch) started an investigation in 2015 into possible criminal acts in connection with the tendering process for public transport in Limburg, and a writ of summons was issued for NS Groep NV. On 21 December 2017, the district court of Oost-Brabant acquitted NS of two offences with which NS was charged and ruled that the Public Prosecution Service was not allowed to prosecute in the case of a third offence with which NS was charged. This ruling was also made against the others involved in the case, insofar as they were charged with the same offences. The Public Prosecution Service has appealed against the ruling of 21 December 2017.

Out-of-court settlement with Transdev

NS and five affiliated companies received a writ of summons from Transdev BBA Holding BV (formerly Veolia Transport Netherlands Holding BV) and four affiliated companies on 22 July 2016 in relation to the tender in Limburg. Following mutual consultation, Transdev BBA and NS arrived at an out-of-court settlement.