Industry focus: telecoms in Netherlands

NautaDutilh

Allen & Overy LLP

Allen & Overy LLP has wide-ranging expertise and acts for a number of major telecoms clients, advising on regulatory and competition issues, M&A, litigation, finance, tax and employment. The practice is at the forefront of new developments in the market and has recently been advising on various network sharing initiatives. Team head Kees Schillemans focuses on EU and competition law. Peter Eijsvoogel is a key name for communications regulation, including access and price regulation, frequencies, interconnection, and issues such as network neutrality.

Practice head(s):

Kees Schillemans

Other key lawyers:

Peter Eijsvoogel; Tjarda van der Vijver

Testimonials

‘The country’s top team in telecommunications law and other regulatory matters’.

‘Strongly embedded in the broader regulatory and competition practice’.

‘With his broad competition background, Kees Schillemans is able to grasp the full range of topics and provide oversight’.

‘Pragmatic and hands-on’.

‘Tjarda van de Vijver is a super specialist counsel; smart, accurate and really someone you trust on key matters’. 

‘Peter Eijsvogel is highly renowned and skilled’.

‘High quality, very professional and helpful; experts in their field of law’.

‘Tjarda van der Vijver is one of the top Dutch telecom regulation lawyers’.

Key clients

Royal KPN

Work highlights

  • Chief regulatory counsel for KPN for the last 20 years and currently representing it in several regulatory proceedings.
  • Representing KPN in multiple proceedings initiated by or against Tele2 Nederland B.V.
  • Advising KPN on a matter relating to alleged SEP infringement and FRAND licensing.

Bird & Bird

The large and experienced telecoms team at Bird & Bird has a multidisciplinary approach and draws on strength from the firm’s global technology and communications group. Working closely with other offices, the team handles Dutch and European matters. It has considerable expertise of EU policy and regulatory developments, and advises clients on new disruptive technologies. Marjolein Geus has over 30 years’ and is experienced in international mandates. Paul Waszink is noted for regulatory matters and is an experienced litigator. Roger van Buuren joined as partner from Bond Advocaten.

Practice head(s):

Marjolein Geus; Paul Waszink

Other key lawyers:

Frank Simons; Feyo Sickinghe; Roger van Buuren

Testimonials

‘Bird & Bird is very strong on Dutch telecoms regulatory work’.

‘Its reputation has been developed over some years and is well deserved’.

‘Marjolein Geus is widely known in the Dutch market for her expertise and insight in terms of both Dutch and EU telecom regulation’.

‘This practice has extensive knowledge of all aspects of the telecommunications and content distribution markets in the Netherlands.’

‘The legal specialists are easily accessible to each and everyone.’

‘Thorough knowledge and profound analyses of cases ’.

‘Marjolein Geus has a thorough knowledge of regulated markets’.

‘Bird & Bird looks beyond the legal perspective on the case’.

Key clients

T-Mobile

PostNL

ABN AMRO

British Telecom (BT)

DigitalEurope

Tele2 AB

Proximus

Arcus Infrastructure / E-Fiber

MONET

Cellnex group NL

Verizon

NLEx

Work highlights

  • Advising Digital Europe on EU-wide monitoring and analyses of European Electronic Communications Code (EECC) implementation.
  • Supporting T-Mobile on the 5G spectrum auction that concluded with total proceeds of €1.2bn.
  • Represented T-Mobile and Tele2 in the appeal proceedings before the Dutch Administrative Supreme Court (“CBb”) against the Dutch regulator ACM’s 27 September 2018 Wholesale Fixed Access market analyses decision.

Brinkhof

Brinkhof is particularly active in contentious matters and is at the forefront of litigation in the telecoms sector. The group also handles corporate, consumer and privacy enforcement matters. Quinten Kroes is a key name for drafting and negotiating key commercial contracts in the TMT sector. Pepijn van Ginneken, who jointly heads the practice with Kroes, focuses on telecoms competition and regulatory matters. Remy Chavannes’ practice spans the intersection of telecoms, media and copyright law.

Practice head(s):

Pepijn van Ginneken; Quinten Kroes

Other key lawyers:

Remy Chavannes

Key clients

T-Mobile

Tele2

KPN

Eurofiber

BT Global Services

SkyRadio

Utility Connect

Oppo

Xiaomi

Glasvezel Buitenaf (renamed: Delta Fiber Netwerk)

Lycamobile

VEON

Delta Rijssen Glasvezel

Work highlights

  • Representing T-Mobile in proceedings involving advertisements of T-Mobile and its largest competitors in the telecoms market in the Netherlands: VodafoneZiggo and KPN.
  • Representing Oppo and Xiaomi in proceedings relating to the alleged infringement of standard essential patents in two important multi-jurisdictional cases concerning specialist telecoms technology.
  • Continuing to represent KPN in its challenge against the market-transforming mergers of Liberty Global and Vodafone with competitor Ziggo being heard before the EU courts.

De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek handles high-end disputes, transactions and regulatory enforcement matters. Its cross-practice team draws on expertise from its IP, competition, M&A, IT, litigation and finance groups. The team is headed by Jolling de Pree, Lennard Keijzer, Gertjan Kuipers and counsel Oscar Lamme. de Pree focuses on European and Dutch competition law, and related litigation. Kuipers specialises in patent litigation.

Practice head(s):

Jolling de Pree; Lennard Keijzer; Gertjan Kuipers; Oscar Lamme

Key clients

Sisvel

NXP

KPN/High Point

KPN ACM

Fortino Capital Partners

Everynet BV

CM.com

Be-In Mediagroup

Work highlights

  • Representing Sisvel in a large enforcement campaign of standard essential patents in the Netherlands.
  • Successfully representing NXP in trade mark infringement proceedings against Infineon Technologies regarding NXP’s MIFARE trade marks for Near Field Communication ICs.
  • Advising Fortino Capital Partners in acquiring a majority stake in the Odin Groep, an independent ICT services provider that supports organisations in their digital transformation.

Houthoff

Houthoff focuses on corporate M&A in the TMT sector. It also handles high-profile litigation, including Supreme Court litigation, and regulatory issues. Practice head Thomas de Weerd specialises in IT, e-business, outsourcing, technology-related transactions and commercial contracts. Counsel Freeke Heijne is noted for public law and regulatory matters.

Practice head(s):

Thomas de Weerd

Other key lawyers:

Freeke Heijne

Key clients

Wingtech

Tofane

Telia Company

Tele 2 AB

Raga Establishment Ltd.

High Point

Bloomberg L.P.

Work highlights

  • Assisted Wingtech Technology in the acquisition of a majority stake in semiconductor firm Nexperia.
  • Acting for Raga Establishment Ltd. in its €760m claim, against the SCM group of companies, concerning the sale by Raga of Ukrainian telecom provider Ukrtelecom to SCM.

bureau Brandeis

bureau Brandeis is particularly active in disputes in the telecoms space, with a focus on price regulation and IP rights. Machteld Robichon heads the team and is noted for his telecoms regulation expertise. Bas Braeken handles EU competition matters.

Practice head(s):

Machteld Robichon; Bas Braeken

Key clients

Talpa Radio

AMS-IX

Fiber network operator NEM, currently part of KPN

Disney (Eredivisie Media & Marketing)

RadioCorp

Youfone

Cegeka

Work highlights

  • Advising John de Mol´s Talpa Radio on telecoms matters and the award of (FM) licenses and related matters.
  • Representing NEM in a case concerning fees local communities can charge for the installation of fibre networks and if these fees must be limited to the actual costs.
  • Representing Eredivisie Media & Marketing (EMM) as a third party in the appeal proceedings initiated by incumbent telecoms operator Royal KPN and local cable operator CAIW.

Clifford Chance

Clifford Chance’s TMT practice sits within the firm's wider technology group and draws on strength from its global network to advise corporates, private equity houses and financial institutions on telecoms matters. The team is headed by counsel Jaap Tempelman.

Practice head(s):

Jaap Tempelman

Key clients

Xiaomi

Telefónica

Booking.com

Delta Fiber

Deutsche Telekom

Tele2 Sverige AB

OneWeb

Work highlights

  • Supporting Xiaomi in the drafting and negotiation of global supply and distribution agreements for smart phone and IoT devices and services with various telecoms companies, including Vodafone UK, Telefónica, Telecom Italia.
  • Supported satellite operator OneWeb in surveying and analysing telecoms regulatory requirements across six jurisdictions with regard to the roll-out of its global terrestrial network, including PoP transmission, switching and routing equipment and the operation of a wide area network and its offering of wholesale telecoms services.
  • Supporting Telefónica on the merger of its UK subsidiary O2 with Liberty Global’s Virgin Media.

DLA Piper

DLA Piper has a cross-practice and cross-border approach to its telecoms practice, which is a sub-sector of the firm's technology group. The practice advises on commercial issues, corporate transactions, restructuring, regulatory and tax matters in the telecoms space. Khaled Dadi was recently made up to partner.

Other key lawyers:

Marnix Holtzer; Khaled Dadi

Testimonials

‘Joris Willems is quite simply exceptional’.

‘Joris Willems is exceedingly well versed in the area, surpassed only by his fantastic ability to provide a spot-on service to his client. ’

‘They really want to comprehend the business (what makes us tick) before giving advice.’

Key clients

VodafoneZiggo (including Ziggo’s works council)

Irdeto

Lebara

VEON

European Commission – Directorate‑General for Communications Networks, Content and Technology

Verizon Communications

Work highlights

  • Representing Irdeto in negotiations with KPN for various technology contracts.
  • Advising VEON on a large-scale restructuring of its Global Headquarters located in Amsterdam.

Loyens & Loeff

Loyens & Loeff’s advises global telecoms companies on regulatory, corporate, tax and data protection matters. It also drafts and negotiates inter-connection agreements and assists clients with obtaining permits and registrations. Litigation is a further area of focus for the firm, and the team is adept at representing clients before the Dutch courts and the Dutch telecoms authority. Kim Lucassen heads the team.

Practice head(s):

Kim Lucassen

Key clients

Orange S.A.

Jaguar Land Rover

Tata Communications Netherlands B.V.

ZED+

Oi S.A.

Custom Connect B.V.

Interxion Holding N.V.

Broadcom

Liberty Global Europe Holding B.V.

AT&T

Goldman Sachs

Banque BNP Paribas

Viacom

Panasonic Europe

Bose

Universal Music Group

Zoho

Work highlights

  • Advising Tata Communications Netherlands B.V. on a continuous basis on all telecoms-related legal and regulatory aspects and requirements concerning the Netherlands.
  • Assisting Jaguar Landrover in data protection law matters related to ‘intelligent cars’ and also commercial contracts.
  • Representing Brazilian telecom company Oi S.A. (Oi) in its restructuring of more than $20bn of debt and related litigation.

Maverick Advocaten N.V.

Boutique firm Maverick Advocaten N.V. handles a broad scope of work in the telecoms sector, including investigations initiated by competition authorities. It also advises on regulatory frameworks and data protection and handles administrative proceedings in the telecoms space. Diederik Schrijvershof is of note for competition and merger control matters. Martijn van de Hel handles competition and compliance issues.

Other key lawyers:

Diederik Schrijvershof; Martijn van de Hel

Testimonials

‘Martijn van de Hel is pragmatic and results-oriented’.

Key clients

Funda

eFarma

Kofschip group

Azerion

Adyen

E-wise

Qasa.nl

Omnia Retail

Work highlights

  • Successfully represented several public transport companies in the formation of a joint venture and the setup of a digital transport platform.
  • Assisted SRK Rechtsbijstand at the ACM with regard to a new form of (online) legal service called BrandMR and advised SRK, among other things, on the compatibility of the rules of the Dutch Bar Association with competition law and compliance with the cartel prohibition.
  • Assisted various market parties regarding the European Commission’s investigation of Google.

Pels Rijcken & Droogleever Fortuijn NV

Pels Rijcken & Droogleever Fortuijn NV is well regarded for defending Dutch government organisations in complex and politically sensitive litigation. It handles key regulatory cases, often involving new areas of law and multiple parties. Practice head Jannetje Bootsma is noted for administrative law, with a focus on telecoms.

Practice head(s):

Jannetje Bootsma

Other key lawyers:

Arnoud Boorsma

Key clients

Commissariaat voor de Media

ACM (The Netherlands Authority for Consumers and Markets); OPTA, the former Netherlands Independent Post and Telecommunications Authority, is now part of the ACM organisation.

Agentschap Telecom

State of the Netherlands

Work highlights

  • Represented the Netherlands Authority for Consumers & Markets (ACM) in a market analysis of wholesale fixed access.
  • Acting for the Dutch Media Authority in proceedings in proceedings initiated by the commercial radio station Radiocorp B.V.