Competition

To safeguard fair competition, the Competition Act was introduced in 1998. It is the duty of the Netherlands Authority for Consumers & Markets (the ‘ACM’) to supervise compliance with the competition rules. Competition law defines the limits imposed on the extent of cooperation between companies and prohibits cartels and abuse of dominant positions. In addition, the law sometimes requires that the ACM is notified of proposed mergers, takeovers or joint ventures, while a ban of state aid may be in place. Breaches of competition rules may be subject to high fines, while agreements made in violation of the competition rules will be void. Anyone taking part in a cartel may be faced with claims for damages from customers. It is therefore wise to be very strict where compliance with competition rules is concerned. In addition it should be borne in mind that competition law also provides rules for, for example, agreements on exclusive cooperation, non-competition clauses, distribution, franchising, agencies and supply schemes. Legaltree advises on competition law and assists enterprises in proceedings against the ACM and other disputes involving competition law. We have experience in the notification of mergers and regularly advise and litigate on cartel fines, cooperation between enterprises, cartel damages, compliance, abuse of a dominant position and prohibited state aid.