You want to compete effectively and optimise your commercial activities within the options available to you under competition law. So it’s important to formulate a targeted strategy for increasing your opportunities and minimising the risks.
Collaboration and cartel formation
It is essential to make permissible agreements when entering into collaboration. The Netherlands Authority for Consumers and Markets (ACM) and the European Commission may impose severe fines if a cartel ban has been contravened. Recommendations and decisions made by trade associations may also violate the competition regulations. So what exactly are the limits here? At Ploum, our specialists will advise you on these matters. We know from experience how the ACM works. And we can help you submit a request for leniency and draw up a compliance programme, and represent you in legal proceedings before the ACM, the European Commission or the Dutch courts. We can also perform audits and give training courses in competition law.
Joint ventures, mergers and acquisitions sometimes require prior approval from a competition authority such as the ACM or the European Commission. Ploum can advise you on matters relating to merger control, and we can assist you during the entire proceedings – from notification to approval.
Abuse of a dominant position
Companies with a dominant economic position may not abuse this position. If your company or your rival’s company holds a dominant position, our specialists at Ploum can help you assess it. If necessary, we will advise you on the right way to carry this special responsibility, or on what action to take if you suffer damage through the conduct of a big strong market player.
During the past years, more and more businesses have been conducting legal proceedings relating to compensation for damage suffered through illegal cartel formation. If you are the victim of a cartel, or if you are the party accused and a member or former member of a cartel, Ploum will act on your behalf during court proceedings on cartel damage.
State aid and unfair competition
The government may give a certain company a financial advantage by granting subsidies, loans or guarantees. However, state aid is prohibited if it results in unfair competition and has an unfavourable influence on international trade. If this is the case, the recipient has to refund the state aid wrongly granted to it. Our experts at Ploum advise government authorities and businesses on compliance with the regulations, and we can advise and assist you too if you are prejudiced by state aid granted to your rival.