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ARTICLE · 23 NOVEMBER 2014

Dutch Courts Willing To Take A Stance On Cartel Damage Claims

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

De Brauw Blackstone Westbroek

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A district court recently confirmed the civil liability of the cartel participants and their group entities in the Gas Insulated Switchgear cartel.

NetherlandsAntitrust/Competition Law

A district court recently confirmed the civil liability of the cartel participants and their group entities in the Gas Insulated Switchgear cartel. The court required some additional information by the parties before determining the actual damages to be awarded. Another district court rejected a request for provisional witness hearings in an air freight case. The claimants did not convince the court that witness hearings would add anything more to the information already set out in the European Commission decision.

Litigation vehicle Stichting Cartel Compensation (SCC) initiated a damages claim against airlines KLM and Martinair following the European Commission's decision regarding a cartel in the air freight sector. SCC requested that the Amsterdam District Court hold a provisional witness hearing so that it could examine eight individuals, including KLM and Martinair senior staff members, on the cartel's existence, scope and duration. The court held

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