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Martijn van de Hel works as a lawyer in the fields of Dutch and European competition and consumer protection rules, state aid and procurement law.
Martijn specialises in assisting companies in investigations of the ACM (Netherlands Authority for Consumers & Markets) and the European Commission. Over the past twenty three years, he has been involved in numerous cartel proceedings (including dawn raids and requests for leniency). Major successes include the high-profile quashing of the fines imposed on traders at foreclosure auctions and the fine imposed on an importer of traction batteries. He also assists companies in cartel damage suits (follow-on cases) and damage suits against the State.
Martijn also has extensive experience in investigations by the ACM into compliance with consumer rules. He has been successful in court against the fine imposed on a well-known clothing company, against the fine imposed on an energy company and in challenging an order subject to a penalty for a rental agency. He has also assisted a provider of dating sites and a sports store in obtaining a commitment decision from the ACM.
Martijn furthermore advises companies on potentially anti‑competitive agreements, such as non-compete clauses in joint ventures and e‑commerce issues in distribution, agency and franchise agreements, and on the risks involved in purchasing combinations. Martijn has specific expertise regarding the ban on the abuse of a dominant position. His experience also extends to the regulated sectors (such as healthcare, telecommunications, media, energy and public transport).
Martijn assists companies and government institutions in the fields of state aid and unfair competition by the government, including investigations by the ACM into compliance with the Wet markt en overheid (Public Enterprises (Market Activities) Act). For example, he successfully represented an investment fund in a complaint concerning an infringement by the Ministry of Economic Affairs. He also acts in tender procedures, especially in the field of healthcare procurement.
Martijn assists companies on a daily basis in reporting mergers and acquisitions to the ACM, the NZa (Dutch Healthcare Authority) and the European Commission.
Cases that Martijn has worked on recently:
- A cartel investigation from the European Commission in the synthetic turf sector
- Succesfull proceedings for a retailer against a penalty order from the ACM for interchange fees regarding a co-brander creditcard
- An investigation from the ACM into resale price maintenance in the industry for baby and children's products
- An appeal of a telecom provider against the decision for the action of the 3.5 Ghz band (5G) for mobile communication
- A succesfull (damages) procedure for music suppliers against Buma/Stemra regarding abuse of dominance
- Succesfull preliminary relief proceedings on behalf of an EHR supplier against publication of an ACM market study
- An aministrative procedure for an academic hospital about a subsidy granted and the state aid rules
- Assisting a sports store with a commitment decision from ACM because of misleading sustainability claims
- An authorization procedure at the ACM for a concentration between two hospitals
- Succesfull appeal before the court against a fine imposed by the ACM for an alleged infringement of consumer rules
- Succesfull appeal on a request for a preliminary witness examination regarding an alleged cartel in the real estate sector
- An appeal before the Court of Justice on the rejection by the European Commission of a complaint about unlawful State aid in the financial sector
- Succesfull summary proceedings for a mental health care provider against a tender by the municipality on care rates
- The approval by the European Commission of an acquisition in the installation sector
- A claim for damages against the ACM as a result of unlawful fines for traders at foreclosure auctions
Martijn has an excellent market reputation and has been rated among the top lawyers in the Netherlands for many years in the prestigious guides to the legal profession Legal500, Chambers & Partners and Who's Who Legal:
- "Specialises in dealing with ACM and EC investigations."(Legal 500 2023)
- "active on cartel damages cases and investigations before the ACM. He also advises on state aid issues before the European Commission, as well as merger clearance mandates." (Chambers 2023)
- "Martijn advises healthcare organisations on the competition law aspects of setting up a cooperation and represents healthcare organisations in the approval proceedings at the NZA and ACM in case of a merger, takeover or the creation of a joint venture." (Legal 500 2023)
Martijn is result-oriented, creative and able to get to the heart of complex issues. Clients have referred to him as:
- "Martijn is a fantastic lawyer who shows enormous commitment. Martijn is very clear in simply explaining the legal issue in the language of the client. He makes you feel that your case is the only thing he is working on and shows a huge commitment. He never gives up and communicates very clearly what the strengths and weaknesses are in the case. Especially the strengths he brings out and in addition to his drive, he often knows how to strike the right chord with his humor." (Legal 500 2023)
- "Martijn is an easily accessible person with extensive knowledge of competition law. He thinks strategically and is able to quickly and efficiently extract the relevant matters from a file. Due to his very extensive knowledge of the subject matter, he is able to convey the essence of a case to the judges briefly and powerfully. His open character and humor make him a pleasant person to work with." (Legal 500 2023)
- "Martijn is one of the most entrepreneurial and committed advisers I have come across. He thinks like his clients, he advises them like a friend and, when necessary, fights for them like family. His legal expertise is amongst the best. He is incredibly proactive, diligent and fair. Not afraid to stick his neck out. Most Valuable Player in his field, as far as I can tell." (Legal 500 2022)
- "a sharp, strategic lawyer with humor, who feels ‘at home’ against the regulator. He is very well aware and knows the relevant context, environment and factors in a file. And more importantly: the regulator knows he knows." (Legal 500 2022)
- "a seasoned and excellent lawyer combining technical expertise with a hands-on approach and a down-to-earth mentality. Able to level with the client and other counsel in an amicable and constructive manner, yet firm when required." (Legal 500 2022)
- "Martijn has a talent for explaining complex issues in a simple way," "he is direct and gets to the point without any unnecessary pretences." (Chambers 2022)
- "an absolute rockstar in his field. Always keeps an eye on the business side of things; Genuinely understands entrepreneurial risk taking versus real competition law risks that businesses want to stay away from. Accessible and fun to work with" (Legal500 2021)
In 2007, Martijn was selected by his peers as the most promising competition lawyer under 30 (“Gouden Stoofpeer”). In 2018, Martijn has been chosen by the Zorgvisie journal as one of the best competition lawyers in the healthcare sector. According to Legal500, Martijn is one of the Leading Individuals in EU and competition law in the Netherlands.
Martijn is a frequent lecturer at conferences and seminars and works as a teacher at various training institutes. He has written numerous scientific articles, as well as being a regular contributor to Tijdschrift Mededingingsrecht in de Praktijk and an author of the Snelrecht column for the Mr. legal journal.
Martijn obtains at least ten training credits annually in the legal practice area competition law in accordance with the standards set by the Netherlands Bar.
Martijn is the co-founder of Maverick Advocaten N.V. He previously worked at CMS (Brussels) and De Brauw Blackstone Westbroek (The Hague).
Martijn van de Hel
T +31 20 238 20 02
M +31 6 212 108 53
martijn.vandehel@maverick-law.com
