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  • Article

    Council Of State Ruling Widens Legal Protection Of Competitors

    A recent ruling of the Dutch Council of State can make life easier for competitors when they oppose an administrative decision that is favourable to another competitor.
    NetherlandsAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Dutch Competition Authority's Fining Methodology Upheld By The Highest Dutch Appeal Court

    On 24 March 2016, the Industry Appeals Tribunal (the "Tribunal"), the highest Dutch administrative appeal court in competition law matters, upheld a judgment of a lower court...
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
Van Bael & Bellis
  • Article

    Dutch Court Overturns Decision To Block Bakery Merger

    The highest administrative appeal court in the Netherlands recently annulled the decision by the Dutch regulator ACM to prohibit the transaction between two rival industrial bakeries due to a high combined market share in the Dutch rusk market.
    NetherlandsAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Dutch Court Rejects Passing-On Defence: Full Amount Of Damages Claimed Should Be Paid

    A district court in the Netherlands recently ruled that Alstom should pay EUR 14.1 million – the full amount of cartel damages claimed – to TenneT, the Dutch electricity grid operator.
    NetherlandsAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    ESG Litigation: Sustainability Reporting, CSRD And Annual Accounts Proceedings At The Dutch Enterprise Chamber

    The Dutch leading scientific journal Maandblad voor Ondernemingsrecht published an article on ESG litigation written by a member of the Loyens & Loeff litigation team.
    NetherlandsCorporate/Commercial Law
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Statutory Duty To Complain Should Not Apply To Internal Liability Of Directors

    Dulijon and Sander argue in this article that a creditor's statutory duty to complain about defective performance should not apply to claims by a company/trustee against a director based on section 2:9 Civil Code.
    NetherlandsCorporate/Commercial Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    ‘A Netherlands Commercial Court'

    Ruud Hermans discusses the advantages of the foundation of a Netherlands Commercial Court (‘NCC'), a special court which can settle major international and domestic commercial disputes...
    NetherlandsCorporate/Commercial Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Confiscation Of Proceeds From Sanctions Breaches Reduced On Appeal

    The Hague Court of Appeal has delivered its ruling on an appeal concerning the quantum of confiscation in a 2024 sanctions violation case involving the export of goods to Russian companies. Despite rejecting all defense arguments regarding cost deductions and financial means, the Court unexpectedly reduced the confiscation amount from €298,310 to €250,195 without providing any reasoning or legal basis for the reduction.
    NetherlandsCriminal Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Dutch Court Rules In Climate Case: Friends Of The Earth Netherlands Et Al. v Royal Dutch Shell

    On 26 May 2021, the The Hague District Court ordered Royal Dutch Shell PLC, both directly and via its group companies, to cut carbon emissions by 45% by 2030, compared to 2019 levels.
    NetherlandsEnvironment
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Smell-a-likes In The Netherlands

    Chanel and Coty have successfully acted against several Dutch companies trading under the name Bargello Perfumes. Bargello offered smell-a-like perfumes claiming the same or even a better quality...
    NetherlandsIntellectual Property
    Taylor Wessing
    Taylor Wessing
  • Article

    Residential Rental Price Indexation Clauses, Analysis Of Judgements By The Amsterdam District Court (8 Aug 2024)

    In August 2023 the Amsterdam District Court handed down an eighth judgment in which the Subdistrict Court ruled that the much-applied (ROZ) rent indexation clause for liberalised rental housing...
    NetherlandsLitigation, Mediation & Arbitration
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Lookalike Case: Max Verstappen's Management Unsuccessful For Now

    In the autumn of 2016 the pride of the Netherlands, Max Verstappen, appeared in a television ad for Jumbo.
    NetherlandsMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Preliminary Questions On Online Shopping: What Does The Dutch Supreme Court Say?

    The Dutch Supreme Court recently answered preliminary questions (questions of interpretation of the law) about online shopping. The Supreme Court's answers in the two cases...
    NetherlandsMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    A Subsidiary's Disobedience No Reason To Let Parent Company Off The Hook

    According to settled case law, there is a rebuttable presumption that a parent company exercises decisive influence over its wholly-owned subsidiary and can be held responsible for the subsidiary's cartel conduct.
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Go Fish! Advocate General Limits European Commission’s ‘Accidental’ Dawn Raid Discoveries

    The European Commission seems to walk a fine line during dawn raids between embarking on a fishing expedition and accidentally stumbling across evidence.
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Court Hears Cartel Damages Claim Despite Arbitration Clause

    An arbitration clause did not prevent the Rotterdam District Court from considering itself competent to review a damages claim initiated by a litigation vehicle against a number of lift manufacturers...
    NetherlandsAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    Dutch Court Considers Providing A Redacted EU Cartel Decision Not To Be Part Of Its Job

    The Amsterdam District Court recently ruled that the European Commission is best equipped to provide a redacted version of its air cargo cartel decision.
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    The Devil Is In The Detail: Commission May Publish More Detailed Cartel Decisions

    In 2007, the European Commission published a first non-confidential version of its decision to fine seven companies more than EUR 388 million for participating in a bleaching chemicals cartel.
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    UPS/TNT Block Annulled: Need For Speed Does Not Trump Right Of Defence

    The General Court recently annulled the European Commission's decision to block UPS's intended acquisition of TNT Express
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    You've Got Mail: Message May Be Proof Of Participation In A Concerted Practice

    Not paying attention to incoming emails may have inadvertent consequences.
    European UnionAntitrust/Competition Law
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Showing 21–40 of 231 results

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