Short Reads

Implementation of Antitrust Damages Directive: Dutch legislation effective as of 10 February 2017

Implementation of Antitrust Damages Directive: Dutch legislation effective as of 10 February 2017

Implementation of Antitrust Damages Directive: Dutch legislation effective as of 10 February 2017

01.03.2017 NL law

On 9 February 2017, the act implementing the Antitrust Damages Directive (Directive 2014/104 /EU, the "Directive") into the laws of the Netherlands (the "Implementation Act") was published  in the official Bulletin of Acts and Decrees (het Staatsblad). The Implementation Act is effective as of 10 February 2017 [see our July 2016 Newsletter].

The Directive was adopted on 26 November 2014 and contains numerous provisions relevant to private antitrust litigation. The most important provisions relate to disclosure of evidence, the position of the immunity recipient, (proof of) loss and passing on, joint and several liability, and statutory limitation. The Implementation Act amends the Dutch Civil Code and the Dutch Code of Civil procedure. Some of the implementing provisions deviate from the pre-existing legal framework, whereas others mainly codify case law of the European Court of Justice.

This article was published in the Competition Law Newsletter of March 2017. Other articles in this newsletter:

1. European Commission opens three investigations in the e-commerce sector
2. European Commission approves German measure to support electric charging infrastructure for green vehicles
3. Belgian Competition Authority publishes Guidelines on how to identify and avoid bid-rigging

Team

Related news

07.10.2021 NL law
Commission’s record fine for gun jumping upheld

Short Reads - Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully. The General Court confirmed the Commission’s record-breaking fines on Altice for violating the EU Merger Regulation’s notification and standstill obligations. According to the General Court, the mere possibility of exercising decisive influence over the target can result in a gun jumping breach.

Read more

07.10.2021 NL law
ACM walks the walk: first-ever vertical price coordination fine

Short Reads - The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers. Compared to the European Commission’s fines on four consumer electronics producers for resale price maintenance (“RPM”), the ACM’s summary decision seems to refer to a ‘light’ version of RPM: systematic price coordination without any threats, sanctions or incentives for the retailers to stick to the price.

Read more

07.10.2021 NL law
Commission reveals first piece of antitrust sustainability puzzle

Short Reads - The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules. Companies keen to be green may be left in limbo by a looming clash with more far-reaching proposals from national competition authorities. More pieces of the antitrust sustainability puzzle will fall into place as soon as the ongoing review of the guidelines on horizontal cooperation is finalised.

Read more

13.09.2021 NL law
Adopting the new Standard Contractual Clauses to secure international personal data transfers

Short Reads - Recently, the European Commission issued an implementing decision on standard new contractual clauses (“SCCs”) for the transfer of personal data to countries outside the European Economic Area. Organisations need to use the new SCCs from 27 September 2021 and onwards. Transitional periods apply for existing international data transfer agreements. To meet their obligations under the General Data Protection Regulation, organisations need to make the appropriate changes in time.

Read more

07.10.2021 NL law
Court of Appeal provides guidance for further course of proceedings in prestressing steel litigation

Short Reads - On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues: (i) the obligation of claimant to furnish facts; (ii) the assignment of claims; and (iii) the liability of the parent companies. In short, the Court of Appeal allowed the claimant Deutsche Bahn another opportunity to supplement the facts needed to substantiate its claims in the next phase of the proceedings.

Read more

09.09.2021 BE law
Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption

Articles - In this blog, we briefly present three interesting news in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks (2) "Zero tariff" options and open internet access do not mix! (3) Council of State, GDPR and encryption: validation of a decision of the Flemish Authorities

Read more