Short Reads

ACM bound by its own rules during dawn raids

ACM bound by its own rules during dawn raids

ACM bound by its own rules during dawn raids

01.11.2018 NL law

Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.

The District Court of The Hague recently ruled in summary proceedings that the ACM cannot deviate from its own 2014 Procedure when conducting a dawn raid. Contrary to the 2014 Procedure, the ACM had collected data from a number of individuals that were not on the list of employees targeted for inspection handed over to the company during the dawn raid. According to the Court, the 2014 Procedure aims to regulate the ACM's inspection powers and companies subject to an inspection should be able to rely on the ACM to act accordingly. The Court therefore ruled that the data collected from those individuals should be excluded from the investigation.

 

 

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

  1. Franchise argument in laundry cartel does not wash with Dutch court
  2. A problem shared is a problem halved: fine reduction and fine liability are correlated
  3. Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel
  4. European Court of Justice clarifies the application of choice of forum clauses in competition damages claims

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