Unlike most disputes in the United States relating to competition law, which are thrashed out in civil proceedings, enforcement of the competition regulations in Europe is still mainly in the government’s hands. But this state of affairs is changing.
Increase in civil proceedings on compensation
The European Commission is very much in favour of instituting civil claims for compensation in the event of illegal cartel agreements. In the Netherlands, too, more and more injured parties have been conducting civil proceedings during the past years on compensation for cartel damage suffered.
Legal assistance in claims for compensation
If you want to conduct civil proceedings before the Dutch Court, or if there is an imminent claim for compensation against your organisation, you need to consider the following important questions:
- has any loss actually been sustained if a buyer has been able to charge its higher purchase prices on to its own customers?
- has proof of loss been convincingly presented?
- is there a causal relationship between the cartel infringement and the loss suffered?
- what impact will the new EU Directive on cartel damage have in the Netherlands?
Our specialised lawyers will advise and assist you in all these matters. We use our in-depth experience to help parties submitting claims as well as parties being sued, and we cooperate with economic agencies wherever necessary.