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ARTICLE · 25 JULY 2012

Damages Claims: No Unlimited Obligation To Produce Documents

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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In 2007, the European Commission fined 11 groups of companies over EUR 750 million for participating in a cartel for gas insulated switchgear projects.

NetherlandsAntitrust/Competition Law

The Arnhem District Court recently had to rule on a request to order TenneT, the operator of the Dutch electricity grid, to make available certain documents relating to the damage suffered by it as a result of the Gas Insulated Switchgear cartel. In 2007, the European Commission fined 11 groups of companies over EUR 750 million for participating in a cartel for gas insulated switchgear projects.1TenneT launched legal action against cartel participants ABB and Alstom to recover the damages it suffered as a result of this cartel. In response, the cartel participants ordered access to certain of TenneT's documents but were, however, out of luck: the court rejected their petition.2

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