Doorberekening van kartelschade

Short Reads - On 10 August 2017, the judgment of the the Arnhem-Leeuwarden Court of Appeal (Court of Appeal) was published which held that a purchaser of all the shares in a Dutch company, Thermagas, could not rely on a non-competition clause with a duration of 5 years in a share purchase agreement (SPA). This decision quashes an earlier District Court judgment, which had allowed the purchaser to invoke this clause against one of the sellers that had gone on to continue business in the same market with a different company.

Short Reads - On 18 July 2017, in the context of preliminary relief proceedings, the District Court of The Hague ruled that the Dutch Authority for Consumers and Markets (ACM) did not exceed its powers in the selection of digital data following a recent dawn raid at company whose identity was undisclosed (applicant). The judge stated that the applicant did not sufficiently substantiate its claim that certain digital documents selected by the ACM were outside the scope of the investigation. The judgment sheds new light on the application of the ACM 2014 Procedure for the inspection of digital data.