On 9 February 2017, the act implementing the Antitrust Damages Directive (Directive 2014/104 /EU, the ‘Directive‘) into the laws of the Netherlands (the ‘Implementation Act’) was published in the official Bulletin of Acts and Decrees (het Staatsblad). The Implementation Act is effective as of 10 February 2017.
The Directive was adopted on 26 November 2014 and contains numerous provisions relevant to private antitrust litigation. The most important provisions relate to disclosure of evidence, the position of the immunity recipient, (proof of) loss and passing on, joint and several liability, and statutory limitation. The Implementation Act amends the Dutch Civil Code and the Dutch Code of Civil procedure. Some of the implementing provisions deviate from the pre-existing legal framework, whereas others mainly codify case law of the European Court of Justice.
Implementation of the Directive was due on 27 December 2016. By that date the text of the Implementation Act was adopted by the House of Representatives (Tweede Kamer), but the Senate (Eerste Kamer) had not given its consent yet. On 24 January 2017 the Senate unanimously adopted the Implementation Act, enabling its publication and, subsequently, its entry into force on 10 February 2017.