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De Brauw Blackstone Westbroek | 10 Dec 2009

Vertical Agreements: The Price is Right?

The Leeuwarden Court of Appeal has confirmed that the termination of a distribution contract by bicycle supplier Batavus under pressure from one of its largest customers constituted an anti-competitive concerted practice. The termination is a textbook example of resale price maintenance, as mentioned in the European Commission's guidelines on vertical restraints.
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De Brauw Blackstone Westbroek | 10 Dec 2009

Leniency Information Insufficient to Hang Construction Company

Two general statements by leniency applicants which were supported solely by their own written evidence have proved to be insufficient evidence of a construction company's participation in public bid rigging. The court held that in view of the construction company's denial, the statements constituted insufficient proof of infringement. The authority was consequently not authorized to impose a......
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De Brauw Blackstone Westbroek | 3 Dec 2009

Competition Authority Investigates Schiphol's Dominance

As part of an evaluation of the Aviation Act, the minister of transport, public works and water management has requested that the Competition Authority investigate whether Amsterdam Schiphol Airport is still dominant with regard to its aviation activities, including landing and take-off fees and tariffs for handling passengers and baggage.
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De Brauw Blackstone Westbroek | 3 Dec 2009

Is the Competition Authority the Courts' New Best Friend?

A judge in interlocutory proceedings has requested the Competition Authority's assistance as amicus curiae in a dispute between the Dutch importer of KIA cars and an authorized repair service. Only after the publication of the court's ruling will it become clear whether the authority used this case as its first friendly intervention.
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De Brauw Blackstone Westbroek | 26 Nov 2009

New Policy Guidelines for Fines, Leniency and Consortium Arrangements

From October 1 2009 new policy guidelines apply in regard of fines, leniency and consortium arrangements. The policy guidelines are the result of the 2008 decision of the minister of economic affairs to establish a clear distinction between policy making and enforcement.
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De Brauw Blackstone Westbroek | 26 Nov 2009

Dawn Raids to Check on Behavioural Remedy

The Competition Authority recently carried out dawn raids at publishing company Wegener's regional newspapers PZC and BN/De Stem. Even though the number of cases in which the authority has accepted a behavioural remedy is increasing, the authority indicated in its 2007 remedy guidelines that it generally does not accept the type of behavioural remedy in Wegener's acquisistion of VNU Dagbladen.
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De Brauw Blackstone Westbroek | 15 Oct 2009

Double Check: Authority Imposes Fine for Incorrect Information

The Competition Authority has imposed a fine of €468,000 on soft drink producer Refresco for providing incorrect and incomplete information in a 2008 notification of its acquisition of Schiffers Food. The authority can impose a fine of up to €450,000 or 1% of a company's turnover for failure to provide accurate and complete information. Refresco's fine of €468,000 represents 0.22% of its......
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De Brauw Blackstone Westbroek | 15 Oct 2009

Double Criminality: Competition Crime Bill Opens Door to Extradition

The Netherlands does not allow for criminal enforcement for competition law infringements, such as price fixing and market allocation. However, a bill introducing criminal penalties for competition law violations is being prepared. When the bill becomes law, it will be possible for individuals to be extradited from the Netherlands to countries in which competition law violation constitutes a......
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De Brauw Blackstone Westbroek | 1 Oct 2009

Pre-emptive Class Actions in Competition Damages Claims

Claimants no longer seem to await the outcome of the legislative process to seek collective redress for damages allegedly suffered from cartels. In various EU member states, including the Netherlands, private organizations have launched innovative actions in an attempt to collect damages on behalf of groups of injured parties that have allegedly suffered from cartels.
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De Brauw Blackstone Westbroek | 1 Oct 2009

Big Brother is listening: authority can use public prosecutor's telephone taps

The Competition Authority, like the European Commission, is not authorized to tap telephones when investigating possible anti-competitive practices. However, the District Court of The Hague recently ruled that the public prosecutor can lawfully provide the authority with transcripts of telephone taps that are installed for criminal investigation purposes.
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