ArticleUPS/TNT Block Annulled: Need For Speed Does Not Trump Right Of DefenceThe General Court recently annulled the European Commission's decision to block UPS's intended acquisition of TNT ExpressEuropean UnionAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleYou've Got Mail: Message May Be Proof Of Participation In A Concerted PracticeNot paying attention to incoming emails may have inadvertent consequences. European UnionAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleAccess Denied: Right To Damages Does Not Open The Commission’s Cartel FilesThe Commission has no obligation to publish a cartel decision if it is still engaged in discussions on confidentiality with the parties involved. NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleAnti-Competitive Clauses: Beware Of Civil Enforcement RisksBeware of the civil enforcement risks of anti-competitive clauses when in contract negotiations. NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleCompetition Kort – Nieuwe Uitspraken, Regelgeving En Artikelen Weken 29/30In weken 29 en 30 waren er diverse ontwikkelingen op mededingingsrechtelijk gebied.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleDe Minimis And Bid Rigging: Tribunal Clarifies Market Share CalculationAccording to the Trade and Industry Appeals Tribunal, the ACM was wrong to find that the relevant market should be limited to each individual tender project.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleDistrict Court Anchors Follow-On Damages Claim In The NetherlandsThe District Court of Amsterdam considered itself competent to rule on the damages claims against the non-Dutch participants of a sodium chlorate cartel.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleDutch Court Annuls Two Cartel Decisions For Misuse Of Telephone TapsWith two judgements of 13 June 2013 and 11 July 2013, the Rotterdam District Court annulled the decisions of the Dutch competition authority in a constructions cartel and a ship waste cartel. NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Court Of Appeal Holds That Research Firm Should Reveal Information About Possible Cartel InfringersIn a judgement of 23 April 2013, published on 13 June 2013, the Court of Appeal of The Hague held that Difotrust, an IT firm specialised in digital forensic research, should reveal information relating to possible cartel infringers. NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Higher Court Upholds Cartel Decisions Despite Use Of Telephone TapsIn June 2013, the District Court annulled two decisions of the DCA regarding, respectively, a cartel in the construction business and a cartel in the ship waste sector.NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Mobile Operators Commit To Refraining From Public Statements About Future Market BehaviourIn a press release of 21 November 2013, the Dutch Competition Authority (ACM) announced that it would terminate its investigation into a possible price-fixing cartel on the market of mobile telecommunications and accept binding commitments from the three major mobile providers in the Netherlands, T-Mobile, KPN and Vodafone.NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Supreme Court Clarifies The Passing-On Defence In Cartel Damage CasesToday the Dutch Supreme Court ruled in TenneT/ABB on the application of the passing-on defence in cartel damage cases.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleFor Your Eyes Only: No Disclosure Of Settlement To Other Cartel MembersThe District Court of The Hague recently clarified that a claimant in a cartel damages action does not have to disclose a settlement agreement with a defendant to the co-defendants.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleHow The Cookie Crumbled: Court Upholds Blocked Bakery MergerThe District Court of Rotterdam upheld the decision to prohibit the transaction between two rival baking companies due to a high combined market share.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleInspectors At The Door: European Commission And ACM Issue New Guidance For Dawn RaidsThe European Commission issued a revised guidance for the carrying out of dawn raids earlier this year.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleJolling De Pree En Daan Beenders Comment On Developments In Cartel Damages ProceedingsIn Competition Policy International, Jolling de Pree and Daan Beenders comment on the latest developments in cartel damages in the Netherlands. NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticlePotential Antitrust Risks Of Public AnnouncementsPrice signalling is back on the agenda of cartel enforcers. ACM concluded its mobile telecommunication sector investigation with no evidence of price-fixing, but nevertheless intends to force mobile operators to refrain from making public announcements on planned price increases.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleRotterdam Court Annuls Dutch Competition Authority’s Cartel Decision Due To Violation Of Rights Of Defence And Insufficient EvidenceThe District Court of Rotterdam annulled the Dutch Competition Authority's fines for alleged participation in a cartel in the double-glazing market.NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleSupreme Court: Unbundling Act Not Against EU Law – Protection Of Property Appeal ReferredThe Dutch Supreme Court gave its long-awaited ruling about the legality of the Independent Grid Management Act, better known as the Unbundling Act, on 26 June 2015.NetherlandsAntitrust/Competition LawDe Brauw Blackstone Westbroek
ArticleThe Dutch Competition Authority Ends Its Investigation Into A Possible Wage-Fixing Cartel Between Dutch SupermarketsOn 26 November 2021, the Netherlands Authority for Consumers and Markets ("ACM") ceased its probe into agreements on wage increases between Dutch supermarkets.NetherlandsAntitrust/Competition LawBird & Bird