Short Reads

District Court rules on the preliminary defences in CRT case

District Court rules on the preliminary defences in CRT case

District Court rules on the preliminary defences in CRT case

03.04.2018 NL law

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments (1, 2, 3 and 4) on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT). 

 

These claims relate to the decision from the Commission in 2012 fining eight CRT producers for participation in two separate infringements of Article 101 TFEU. One infringement related to colour picture tubes (CPTs) and the other to colour display tubes (CDTs). The Brazilian competition authority also initiated proceedings regarding both products and concluded settlements with some of the defendants. In August 2016, the Brazilian claimants initiated damages proceedings in the Netherlands against various addressees of the Commission decision and other entities, based on an alleged infringement of the Brazilian cartel prohibition.

The District Court judgments dealt with several preliminary defences raised by the defendants. These related to (i) an alleged failure to furnish facts and (ii) the international jurisdiction of the Dutch civil court (which was only contested by the non-EU entities involved in the proceedings).

First, the District Court clarified that the claimants had indicated during the oral hearing that their claims were based on a possible infringement of the Brazilian cartel prohibition. The District Court concluded that the claimants had furnished sufficient facts to bring the case based on an infringement of the Brazilian cartel prohibition. To the extent that the claimants also wished to rely on an infringement of Article 101 TFEU, the District Court confirmed that Article 101 TFEU only covers practices which might affect trade among EU Member States. As the claimants had not furnished sufficient facts to show that their claims related to transactions in the EEA area, the District Court ruled that the proceedings would continue solely on the grounds of an alleged infringement of the Brazilian cartel prohibition.

Secondly, the District Court ruled in separate judgments on the defences relating to jurisdiction. Most of these defences were rejected. However, the District Court did allow the defence brought by one of the defendants claiming that it was being sued for damages in relation to the CDT infringement, even though it was not fined by the Commission for participation in the CDT infringement and was not investigated by the Brazilian competition authority.

In the next stage of the proceedings, the District Court will hear the parties' arguments on the application of the Brazilian statute of limitation to the claims for damages.

 

This article was published in the Competition Law Newsletter of April 2018. Other articles in this newsletter:

1.       District Court Amsterdam rules real estate platform Funda did not abuse its dominant position

2.       First Dutch excessive pricing case in pharma may be expected soon

 

Team

Related news

07.11.2019 NL law
Safeguarding legal privilege: better safe than sorry?

Short Reads - The European Court of Justice recently ruled that the European Commission does not have to take additional precautionary measures to respect the right of legal professional privilege when conducting a new dawn raid at the same company. Companies are well-advised to mark clearly all communications covered by legal privilege as 'privileged and confidential' and to keep all privileged communication separate from other communication.

Read more

12.11.2019 EU law
Third country bids in EU procurement: always excluded?

Articles - The European Commission recently issued guidance on the participation of third country bidders in public procurement. It clarified bids may be excluded, but remains silent on whether they may be accepted and under which conditions. The Commission is of the opinion that contracting authorities or entities can exclude bids if no access is secured. However, it does not discuss if and under which conditions contracting authorities or entities can allow foreign bids if no access is secured.

Read more

07.11.2019 NL law
Tackling Big Tech up-front? Time to stop thinking and start acting

Short Reads - Benelux competition authorities have published a joint memorandum on how best to keep up with challenges in fast-moving digital markets. As well as calling on the European Commission to issue an economic study on digital mergers, the memorandum calls for an ex ante intervention tool to fill the gap between interim measures and ex post enforcement. This tool would pre-emptively impose behavioural remedies on digital gatekeepers without first having to establish an actual competition law infringement.

Read more

08.11.2019 BE law
Interview with Wouter Ghijsels on Next Gen lawyers

Articles - Stibbe’s managing partner Wouter Ghijsels shares his insights on the next generation of lawyers and the future of the legal profession at the occasion of the Leaders Meeting Paris where Belgian business leaders, politicians and inspiring people from the cultural and academic world will discuss this year's central theme "The Next Gen".

Read more

07.11.2019 NL law
Rotterdam District Court rules that claims in elevator cartel damages proceedings need further substantiation

Short Reads - The Rotterdam District Court has ordered claimant SECC (a litigation vehicle) to substantiate its claims in proceedings against Kone and ThyssenKrupp regarding the elevator cartel. The Court also ruled that some claims have become time-barred, unless SECC can show that these were timely assigned to SECC and notified to Kone and ThyssenKrupp. The Court rejected several defences of Kone and Thyssenkrupp, including a jurisdictional challenge based on arbitration clauses between the defendants and assignors of claims to SECC.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring