Dutch courts not afraid of high cartel damage claims

The Dutch courts have shown again in 2015 that the Netherlands is an attractive jurisdiction for follow-on cases. Not just because the Dutch courts are quick to accept their own jurisdiction, but also because damages have actually been established for the first time. It is expected that this trend will continue in 2016 as well. View blog >

Increased standard of proof in merger control

Worldwide, the number of mergers and acquisitions in 2015 broke all records. This had an impact on the number of merger filings received by the competition authorities. It is expected that 2016 will match 2015 in this respect. What is to be expected from the competition authorities in this respect? View blog >

Broader application yet sharper assessment cartel prohibition

The application of the cartel prohibition in the Netherlands is developing. First of all, the Netherlands Authority for Consumers & Markets will soon be able to impose higher fines for cartel infringements. Furthermore, the scope of the cartel prohibition is likely to extend further during this year as well. Finally, a more critical approach by the Dutch and European courts can be detected. View blog >

Leniency declaration in future fair game?

Government (public sector) information is public. A reoccurring question is how requests made to the Netherlands Authority for Consumers & Markets or the European Commission on the basis of the Dutch Public Access Act or the European Public Access Regulation, respectively, must be assessed in the event that the information in question has been provided in the context of a leniency programme. View blog >

ACM further regulates the railway sector

There has been regular media coverage of the railway sector this past year. Also the Netherlands Authority for Consumers and Markets has been dealing with this sector this past year. This blog addresses the most important developments in both the national and the European railway sector. View blog >

Competition law and M&A: counting your chickens and jumping the gun

A question that frequently presents itself in M&A transactions is what rights the buyer may exercise in the phase between the signing of the Share Purchase Agreement ("SPA") and the closing of the transaction. The buyer will usually want to exercise certain veto rights as soon as possible in order to (i) safeguard the value of its acquisition and/or (ii) prepare the implementation of the transaction. View blog >

Beware when exchanging information: latest developments & tips

The European Commission and ACM are showing an increaslingly interest in the exchange of information between companies. Such exchange of information may conflict with the cartel prohibition and may accordingly lead to high (personal) penalties. This blog addresses the most recent developments and main tips. View blog >

Spring trends for 2023
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