Fast And Precise: Dutch Courts In Cartel Damages Proceedings

Regardless of whether you are a cartel victim or a cartel member, the Netherlands appears to be an attractive jurisdiction for cartel damages proceedings. In two recent cartel damages rulings, Dutch courts have proven to keep up the pace.

The first ruling, by the Amsterdam Court of Appeal in the air-cargo cartel damages case, shows that Dutch courts intend to keep up the pace in proceedings. The Amsterdam District Court had ruled that the private damages proceedings had to be suspended pending the airlines' appeal against the European Commission's cartel decision before the EU Court (on the basis of Masterfoods). According to the District Court, the judgment of the EU Court regarding the nature, duration and scope of the airlines' participation in the infringement might affect the question of whether the airlines acted unlawfully in respect of the claimants, since not only is the airlines' participation in the infringement relevant in this respect, but the periods,