National Cartel Fines Not Tax-Deductible: Dutch Court

Law360, New York (January 7, 2011, 4:26 PM EST) -- Companies fined by the Netherlands' antitrust watchdog cannot deduct the amount of the penalties when calculating their income taxes, the country's highest court ruled Friday.

The Supreme Court of the Netherlands upheld a ruling that prohibited companies from subtracting the amount of a national, administrative cartel fine from their annual, taxable profits, saying the Dutch Competition Act is designed to punish companies caught fixing prices or engaging in other anticompetitive activities.

The high court dismissed two related cases based on the same logic, but another case...
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