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Frank Barendrecht

Attorney at law

Expertise: competition law

Frank specializes in competition law, in which field he both advises and litigates. Furthermore, Frank assists health care clients in matters before or about the Dutch health care authority NZa. Frank has special interest in investigations of and procedures against regulatory authorities. However, Frank can very well deal with commercial contracts as well.  Frank also enjoys providing compliance training.

Background

In 2005, Frank completed his studies at Utrecht University and started working for the Dutch competition authority (now called ACM). In his time with the ACM, Frank gained much experience with administrative enforcement procedures, i.a. in the construction industry and in health care. Furthermore, he was closely involved in the development of ACM’s fining policy. In 2008, Frank successfully completed the Grotius specialization programme in competition law.

In 2011, Frank joined Ploum. At Ploum he further specialized in competition law and in health care regulation. Over the years, Frank also gained much experience with commercial contracts and disputes. Frank serves clients in many sectors, but takes special interest in the health care sector. Frank also coordinates Ploum’s Team Care.

Legal matters, business counts

Frank likes to use clear wording to explain his advice or position.

Examples of recent work

  • Merger notification before the Dutch health care authority NZa and the competition authority ACM for health care foundations ZorgSaam Zeeuws-Vlaanderen en Warmande. Special to these procedures is that ACM approved this merger on the basis of an argument it had not accepted before (the so-called failing firm exception);
  • Representing Kuwait Petroleum (Nederland) B.V. in a civil cartel damages procedure, in which procedure Kuwait joined Shell to defend itself against a substantial damages claim of road construction company Van Gelder;
  • Representing CAIW Holding B.V. in a complaints procedure about Fox Sports before the ACM and subsequently the Rotterdam district court;
  • Assistance to several companies in the port of Rotterdam during multiple ACM-investigations.

Memberships and additional functions

  • Guest lecturer competition law at Erasmus University Rotterdam
  • Teacher competition law and administrative criminal law at OSR Juridische Opleidingen (legal education)
  • Member Dutch Competition law association
  • Member Dutch Health care law association

Publications

  • ‘Buitenlandse boeteverlagingen voor compliance programma’s: een voorbeeld om te volgen?’, Mededingingsrecht in de Praktijk, 2019, nr. 2/3
  • ‘Nieuwe boetebeleidsregels voor de NMa’, Actualiteiten Mededingingsrecht, 2009, nr. 8
  • ‘Boetecode van de Nederlandse Mededingingsautoriteit’, Markt en Mededinging, 2007, nr. 7

Registration expertise register (rechtsgebiedenregister)

Pursuant to Article 35a (1) of the Attorney Regulation [Regeling op de advocatuur], Frank has registered the following areas of expertise in the Dutch Bar’s register for areas of expertise:

  • Competition law (mededingingsrecht)

This registration obliges Frank to obtain at least 10 education points per area of expertise each calender year, according to the Dutch Bar’s standards.