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. Read more >

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. Read more >

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. Read more >

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. Read more >

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. Read more >

Developments in competition law: 2015 summer trends

The days are getting shorter and the traffic jams longer – the summer is reaching its end. A good time to look back on a number of important developments in competition law this summer and to look ahead to the coming autumn and new year. Read more >

Court rejects passing-on defence and itself assesses cartel damage

In a noteworthy judgment of 10 June 2015, the Court of Gelderland ordered Alstom to pay TenneT EUR 14.1 million in damages on the grounds of the role it had played in the gas-insulated switchgear cartel. Interesting aspects of the judgment are the rejection of the passing-on defence and the manner in which the damage was assessed by the civil court. Read more >

Autumn trends for 2023
Read more >


Please register here for our newsletter.