Blogs

Franchise and the cartel prohibition

Franchising holds a special position in competition law. The main competition law aspects of franchise agreements are addressed in this blog. Read more >

What consequences will the new European net neutrality regulation have for the Netherlands?

New rules now apply in the field of net neutrality. Those rules obligate Internet Service Providers, in principle, to treat all data on the Internet the same. They are based on the European Net Neutrality Regulation, which must be applied as from 30 April 2016. Read more >

Europe creates new approaches to combat abuse of a dominant position

During the past year, the European Commission initiated several investigations into abuse of dominance. The activity of the Commission is in stark contrast to the activity of the Netherlands Authority for Consumers and Markets where it concerns enforcement of the ban on abusing a dominant position. Will this change in 2016? Read more >

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. Read more >

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? Read more >

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 >

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