On 10 February 2017, the European Commission Directive on damages actions for competition law infringements was implemented in Dutch law. These rules will make it easier for businesses and consumers to claim damages for harm caused to them by competition law violations.
Under the new Dutch law it is easier to claim damages for the following reasons:
- ACM decisions that are final can be used in antitrust damages actions as irrefutable evidence;
- Damages can also be claimed for harm caused by indirect price increases resulting from cartel agreements.
- If cartelists do not provide certain pieces of evidence themselves, ACM can, in specific circumstances, provide such evidence.