On 14 July 2020, the Amsterdam Court of Appeal (the Court of Appeal) issued a judgment by which it confirmed that Nike European Operations Netherlands (NEON), Nike´s European distribution company, had rightfully terminated its distribution agreement with one of its authorized distributors, Action Sport. Action Sport had persistently sold Nike products through an unauthorized […]
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 […]
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 […]
The Dutch government, including the Dutch competition authority (ACM), is committed to support the Dutch economy, its businesses and citizens:
Cooperation & cartels: The ACM has emphasized that competition law provides for possibilities to cooperate in order to prevent harm to consumers and businesses. In light of the COVID-19 crisis, the […]
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 […]
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 […]
Geo-blocking Regulation likely in force at the end of 2018
Two years ago, we already wrote in this blog that the European Commission was closely monitoring the practices in the e-commerce sector, in particular the geo-blocking practices of providers of goods and services. Combatting geo-blocking was high on the agenda of the European Commission, […]
Imagine: you have a claim against someone, but not the evidence to prove it. Perhaps you cannot get hold of the documents as they are in the possession of your counter party or even a third party and they are unwilling to voluntarily provide you with them. If you were then to initiate court proceedings in […]
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 […]
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 […]
The attachment of assets prior to the commencement of legal proceedings (conservatoir beslag) is a well used method in the Netherlands for securing the creditor’s claim. Attaching the debtors assets (e.g. moveable assets, real estate, shares, bank accounts or claims on third parties) will deprive the debtor of his right to dispose of or encumber the […]
On 18 March 2016 the European Commission (the ‘Commission’) published an issues paper on geo-blocking practices in e-commerce, containing the Commission’s initial findings on the prevalence of geo-blocking in the EU. The issues paper and the preliminary findings contained therein are part of a wider investigation into the EU e-commerce sector by the […]
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 […]
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 […]