Background: dawn raids
In its press release of 17 November 2025, the ACM announced that it had raided three companies active in the civil engineering and infrastructure sector. The companies’ names have not been disclosed. The investigation is examining whether the companies engaged in pre-tender contacts and if they reached agreements on pricing or contract allocation.
A dawn raid is an unannounced inspection. During such investigations, all parties are legally obliged to cooperate. Officials have broad powers, including entering business premises – and, in certain cases, private residences – requesting information, accessing documents, and seizing data.
Anti-competitive practices in tender processes
Competition law prohibits agreements that restrict or distort competition. Secret price-fixing arrangements during tender processes undermine fair competition and can lead to inflated prices. Companies are required to prepare bids independently, without collusion or coordination. Failure to do so constitutes a breach of competition law. Recently, the ACM imposed a fine for the exchange of information during a tender process.
The ACM’s press release underscores the importance for companies to remain vigilant and observe the competition rules when participating in tenders, as the authority actively monitors their behaviour. The ACM may be informed not only by the contracting authority but also by one of the companies involved in the illegal practice. If that party voluntarily reports an infringement of the competition rules to the ACM, it may be eligible for full immunity. Past enforcement actions demonstrate that the ACM does not hesitate to impose substantial fines for unlawful arrangements in tender processes. A notable reference in that regard is the construction fraud scandal of the early 2000s, which exposed widespread price-fixing and market sharing practices within the Dutch construction sector. The former NMa responded with substantial fines, prompting a fundamental overhaul of tendering practices
Next steps
Following the dawn raids, the ACM will assess whether competition rules have been violated. If an infringement is established, the ACM may impose substantial penalties. Cartel fines are calculated based on the duration of the infringement: the maximum is 10% of the annual group turnover per year of the infringement, up to a maximum of four years (i.e., 40%). In cases of repeat offenses, this maximum can be doubled (i.e., 80%).
What to do in an event of a dawn raid?
In case your organisation is, or may become, the subject of a dawn raid - or if you notice irregularities in a tender process (e.g., an unexpected approach from a competing bidder), contact Loyens & Loeff’s dawn raid specialists without delay. We will provide immediate advice and support throughout the entire process.
Our team has extensive experience in handling both dawn raids and public procurement matters. Combining first-rate expertise in dawn raid procedures with deep knowledge of procurement law, we work closely with you to safeguard your rights every step of the way.
