Neodyum Miknatis
amateur porn
implant
olabahis
Casino Siteleri
Kayseri escort
canli poker siteleri kolaybet meritslot
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
Short Reads

Commission decision used as point of reference in cartel damages case

Commission decision used as point of reference in cartel damages case

Commission decision used as point of reference in cartel damages case

06.06.2019 NL law

The Rotterdam District Court recently used the European Commission's cartel decision in the elevators case as a point of reference to determine the scope and effects of the cartel in follow-on damages proceedings brought against several elevator manufacturers.

However, this does not bring the case home yet as the court also pointed out that the claim vehicle DGL will still need to substantiate the potential damage caused by the cartel with sufficiently detailed data.

In 2007, the Commission fined five elevator manufacturers for operating a cartel on the Dutch market between 1998 and 2004. Following this decision, several purchasers of elevators started legal proceedings to recover the damage they allegedly suffered as a result of the anticompetitive agreements. Among them are 41 housing associations, which have transferred their claims to claim vehicle DGL. DGL started legal proceedings against the elevator manufacturers in 2013.

In an interim judgment of 29 May 2019 in the damages proceedings brought by DGL, the Rotterdam District Court ruled on the effect of this Commission decision in follow on-proceedings, in particular when it comes to determining the scope and effect of the cartel. The Court addressed the questions (i) whether the cartel covers the entire Dutch market or only several projects (scope of the cartel) and (ii) whether the cartel led to a price increase (effect of the cartel).

The defendants raised several arguments in support of their claim that the scope of the cartel was limited and that the illicit arrangements did not cover the entire Dutch market. They alleged that only a limited number of projects were allocated and that for some projects not all manufacturers were invited to participate in the tender. The Court ruled that the anticompetitive agreements covered in principle every possible project. While it was not necessary for the manufacturers to divide a particular project (because it was clear from the outset to which party it would be assigned), this does not exclude the possibility for allocation. If not all manufacturers participated in a tender, that simply means that the agreement for that moment only directly covered the tender participants. And if a housing association had only requested an offer from one manufacturer, it is - considering the high common market share of the cartel participants - very plausible that the particular manufacturer took into account the information that was illegally exchanged by the other cartel participants.

In addition, the defendants argued that the infringement had no price-increasing effect. Again the Court referred to the Commission decision, that established that the purpose of the cartel was to increase prices and that the cartel participants succeeded in this. The Court found the fact that the manufacturers sometimes did not comply with their own agreements insufficient to assume that the purported price increase was undone. The infringement was extensive, long-lasting and covered the entire Dutch market. The District Court considered it likely that the cartel had a price-increasing effect and caused damage to the contracting parties of the manufacturers.

Similar to the judgment of the Amsterdam District Court in the trucks case [see our article: "Court applies Dutch law to all air freight cartel damages claims"], the Rotterdam District Court ruled that DGL will still need to argue and substantiate for each of the housing associations that there is a reasonable chance it suffered damage as a result of the cartel. DGL must submit into the proceedings further evidence that each housing association purchased elevators and/or related devices and services from a cartel participant during the time period the cartel was operated.

 

This article was published in the Competition Law Newsletter of June 2019. Other articles in this newsletter:

Team

Related news

05.11.2020 NL law
Jurisdictional hide & seek: merger thresholds and buyer joint ventures

Short Reads - Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. The General Court fully upheld the Commission’s 2017 decision prohibiting the joint acquisition of Cemex’s Hungarian and Croatian subsidiaries by cement companies HeidelbergCement and Schwen Zement through their full-function joint venture (JV).

Read more

11.11.2020 EU law
Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling

Short Reads - Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”. Dit onderscheid staat centraal in nationale subsidieregelingen en Europese staatssteunregels die overheidsinvesteringen in onderzoek, ontwikkeling en innovatie (“O&O&I”) mogelijk moeten maken.

Read more

05.11.2020 NL law
General Court confirms: no proof, no dawn raid

Short Reads - The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence with regard to one of the suspected anticompetitive practices. In addition, the General Court clarified that interviews held with suppliers prior to the issuing of a dawn raid decision can be used as evidence, even when these interviews have not been recorded.

Read more

05.11.2020 NL law
Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines

Short Reads - In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020. This category of restrictive practice applies alongside the existing prohibitions on cartels and abuse of a dominant position. It opens up new opportunities but also new threats for companies that are not in a dominant position.

Read more

05.11.2020 NL law
This article has FIVE stars! New Dutch consumer rules to curb fake reviews

Short Reads - Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online. These rules mean more obligations for online traders, and potentially high fines if they get it wrong. For example, traders should implement procedures to ensure that published reviews originate from consumers who have genuinely used the product.

Read more