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ACM bound by its own rules during dawn raids

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.

Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel

The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...].

A problem shared is a problem halved: fine reduction and fine liability are correlated

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Stibbe advises Technische Unie

Stibbe advises the largest technical wholesaler in the Netherlands, Technische Unie, on the finalisation of a turnkey purchase agreement with Borghese Logistics.

Stibbe acts as lenders' counsel on A24 Blankenburg connection project

Stibbe has advised the lenders providing finance to BAAK Blankenburg-Verbinding B.V., a consortium consisting of Ballast Nedam, DEME and Macquarie Capital, on reaching financial close in the A24 Blankenburg connection project.

Tax Alert: No abolition of Dutch dividend withholding tax

Further to the several tax proposals released by the Dutch government on Budget Day last month (see our Tax Alert of 20 September 2018), on 15 October the Dutch State Secretary of Finance sent a letter to the Dutch parliament containing a reconsideration

Legislative proposal on mass damages claims approved by the Dutch Senate

On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe

Financial Services Disputes in the Netherlands

What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction?

The Dutch scheme - a summary of the upcoming new restructuring tool

The Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the "Dutch Scheme").

Stibbe advises IBM

Stibbe advises IBM on several senior executive termination cases.

Dutch Supreme Court ruling on Dutch substantial interest rules

On 10 January 2020, the Dutch Supreme Court ruled on an important case whereby a dividend distribution by a Dutch holding company to its Luxembourg corporate shareholder was subject to Dutch corporate income tax based on the Dutch substantial interest rul

Stibbe advises ING

Stibbe advises ING regarding the financial issues and bankruptcy proceedings of payroll company TCP Direct. 

Real Estate Law in the Netherlands 2020

What impact - if any - does local common law in your jurisdiction have on real estate? Do scenarios exist where the right to land diverges from the right to a building constructed upon that land? How can real estate lenders seek to protect themselves from

Stibbe advises confidential clients

Stibbe advises several confidential clients on whistleblower cases against the Whistleblowers Authority.

Access to the file in Dutch competition procedures: too little too late?

Companies beware: the ACM’s and European Commission’s approach to access to the file are not aligned. According to an interim relief judge, the ACM cannot be forced to grant a company access to a broader set of documents in competition procedures.

Deleting WhatsApp chats during dawn raids may cost you dearly

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.

Floodgates open? ECJ allows cartel damage claim for remote economic loss

A mantra of EU competition law is that "any person" can claim full compensation for all the loss caused to him or her through a competition law infringement.

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