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Dutch court rules on cartel damage claims in Gas Insulated Switchgear case

Stibbe
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Netherlands
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March 5 2013

On 16 January 2013, the District Court for the Eastern Netherlands handed down a landmark judgment concerning a claim for cartel damages. The

Dutch Competition Authority substantially reduces fines for two producers of insulated glass units

Stibbe
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Netherlands
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April 9 2013

On 14 March 2013, the Dutch Competition Authority ("NMa") published a fining decision after administrative objections in a case concerning an alleged

Under a pre-Expedia instruction of the Dutch Supreme Court, the Arnhem Appeals Court applies the appreciability test to an object infringement

Stibbe
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Netherlands
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May 2 2013

On 26 March 2013, the Arnhem Appeals Court rendered its judgment in the Batavus case (LJN: BZ5188) , following remand instructions from the Dutch

Amsterdam court stays an antitrust damage case on the basis of Masterfoods-doctrine

Stibbe
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Netherlands
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May 11 2012

The Amsterdam District Court ruled that the proceedings in the case of Equilib vs. KLM should be stayed, until the pending appeals against the European Commission's Decision 39.258 of 9 November 2009 (air freight) (the “Decision”) have fully run their course (LJN: BV8444

District Court of Rotterdam annuls fines for home care providers for lack of evidence

Stibbe
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Netherlands
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April 9 2013

On 14 March 2013, the District Court of Rotterdam (the "District Court") annulled a decision of the Dutch Competition Authority ("NMa") imposing

NMa clears acquisition by Dutch incumbent railway operator (NS) subject to far-reaching behavioural remedies

Stibbe
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Netherlands
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November 1 2012

In its decision of 3 October 2012 (Case 7436), the Dutch Competition Authority ("NMa") approved the acquisition by NS of certain assets and services from ProRail

Court of Appeal Amsterdam rules that duty imposed on members of trade association to purchase software violates competition law

Stibbe
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Netherlands
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August 2 2012

The Court of Appeal Amsterdam handed down an interesting judgment (LJN: BX0460) in a civil case in which it ruled that an obligation imposed on the members of a trade association to exclusively purchase certain software violates article 6 of the Dutch Competition Act (the equivalent of article 101 of the TFEU

Court of Appeal Arnhem declares exclusive purchase clause with a duration of twenty years void

Stibbe
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Netherlands
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August 2 2012

This case (LJN: BX0258) dealt with an operating agreement, which stipulated that the operator of a petrol station was obliged to exclusively purchase fuels from BP during a twenty year period

Sellers not liable for "gun-jumping"

Stibbe
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Netherlands
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May 11 2012

In its judgment of 24 February 2012 (LJN: BV6874) the Industry and Trade Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb) found that the statutory duty to notify a concentration to the NMa does not rest upon the seller to a transaction but on the purchaser only

Dutch Industry and Trade Appeals Tribunal orders NMa to amend decisions for bid-rigging gardeners: previous fines for bid-rigging no specific aggravating factor for gardeners

Stibbe
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Netherlands
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May 11 2012

On 24 April 2012 the Industry and Trade Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb) published its judgment (LJN: BW3671) regarding a fine imposed by the NMa for bid-rigging between gardeners