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FDI screening in The Netherlands: retroactive effect for legislation in the making

Lawyers:
Berend Reuder
Tom Heurkens

Despite rapid developments across the EU with respect to foreign direct investment (FDI) screening, the developments in this field were at a slower pace in the Netherlands. Until this week: the Dutch government seeks to apply retroactive effect to FDI screening legislation that is currently in the making. This means that investors should already take Dutch […]

COVID-19: Consumer protection, competition law & State support in the Netherlands (update*)

Lawyers:
Berend Reuder
Linde Bremmer

The Dutch government, including the Dutch Authority for Consumers and Markets (ACM), is committed to support the Dutch economy, its businesses and citizens during the COVID-19 crisis.
Consumer protection, cooperation & cartels
The ACM has emphasized that competition law provides for possibilities to cooperate in order to prevent harm to consumers […]

ECJ opens the door for parties not directly affected by actions of a cartel to claim compensation for losses

Lawyers:
Mattijs Baneke
Ruben Elkerbout
Jan Bart van de Hel
Gerben Smit
Tanja Schasfoort

In its judgement of 12 December 2019 (Case C-435/18), the European Court of Justice (ECJ) ruled that a party that was not directly affected by actions of a cartel may claim compensation for losses incurred.
The request for a preliminary ruling was made by the Oberster Gerichtshof (Supreme Court of Austria) in proceedings that had been […]

The NCC is set to raise the Netherlands’ profile

Lawyers:
Jan Bart van de Hel
Marie-Claire Leijten

On 8 March 2018 the Dutch House of Representatives adopted a bill pertaining to the establishment of the Netherlands Commercial Court (NCC). This special chamber of the Amsterdam District Court and Amsterdam Court of Appeal will specialise in hearing extensive trade disputes with an international aspect, using English as the working language. All political parties voted […]

Warranty & indemnity-insurance: Trends and observations

Lawyer:
Ruben Tros

The product of warranty and indemnity insurance (hereafter ’W&I insurance’) is an increasingly popular tool to bridge the gap between the needs of purchasers and sellers in private M&A transactions.
W&I insurance is a method for either the seller or the purchaser in an asset or share sale agreement to allocate the risk of monetary losses […]

European Commission publishes preliminary report on sector inquiry into e-commerce

Lawyers:
Mattijs Baneke
Ruben Elkerbout

On 15 September 2016 the European Commission (the Commission) published its Preliminary Report on the e-commerce sector inquiry (the Preliminary Report). In the Preliminary Report, the Commission provides an overview of the main competition-relevant market trends in the e-commerce sector and identifies possible competition concerns in this sector. Please click here for […]

Wind of Change – Dutch offshore wind energy takes off

Lawyer:
Claudia Beele

Just recently Dutch news broadcaster NOS announced that electricity generated in the Netherlands originates increasingly from non-renewable energy sources as opposed to renewable energy sources. We are using more electricity produced by coal fired plants instead of less. For years if not decades, in the Netherlands, as part of larger pan-European discussions, we have […]

Stek follow-on cartel damages update

Lawyers:
Ruben Elkerbout
Mattijs Baneke

In a recent landmark judgment, the District Court of Gelderland awarded (in Dutch only) a EUR 14.1 million (excluding interests) compensation for damages in a civil damages procedure that followed from the Gas Insulated Switchgear cartel. The District Court held that the overcharge that resulted from the cartel could be claimed as damages by […]