Martijn van Hel and Jade Versteeg are representing H&S Coldstores in the appeal proceedings of the Authority for Consumers & Markets (ACM) against the annulment of a fine by the district court of the cartel prohibition by Van Bon, a former joint venture, regarding the storage of juice concentrates in the Betuwe region in the Netherlands.
According to the district court, ACM should not have assumed that a national market existed without further investigating the geographic market. The district court also found that ACM had insufficiently demonstrated that the contracts formed part of an overall plan and therefore constituted a single infringement. The district court therefore overturned the fine. ACM has appealed against this judgment.
Martijn was previously interviewed by the Financieele Dagblad, De Telegraaf and De Volkskrant about the judgement of the district court. The articles in question can be found here (FD), here (Telegraaf) and here (Volkskrant).