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 [see our July 2016 Newsletter].
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.