Martijn van de Hel has successfully represented H&S Coldstores in appeal proceedings against the fine imposed by the Netherlands Authority for Consumers & Markets (ACM) for alleged infringement of the cartel prohibition by Van Bon, a former joint venture, regarding the storage of juice concentrates in the Betuwe region in the Netherlands. ACM believed that Van Bon had shared competition-sensitive information (on e.g. price and capacity) with a competitor.
In the court’s opinion, ACM should not have assumed that a national market existed without further investigating the geographic market. The court also found that ACM had insufficiently demonstrated that the contacts formed part of an overall plan and therefore constituted a single infringement. The court therefore overturned the fine.