Mariska is building a strong reputation for her practice that specialises in EU & Competition law, with a particular focus on its interface with regulated sectors. Mariska is an associate in our Competition & EU Law and Commercial Practices and is based in The Hague. As a Dutch and EU competition law specialist, she particularly focuses on regulated sectors, notably the energy market. Her areas of expertise include cartel and abuse of dominance cases and merger notifications. State aid is another core part of her practice, as well as Wet Markt & Overheid (Dutch Act for public enterprises and their market activities) and public procurement cases. She advises clients on the compatibility of their business practices and compliance with competition rules, including a wide range of EU regulations, such as regarding geoblocking. By combining her EU & Competition and Commercial practice, Mariska is able to provide advice on the full gambit of both regulatory and commercial issues that her clients might face. Additionally, she is a member of our Tech & Comms and Energy & Utilities Groups. Mariska was admitted to the bar in 2013 having graduated cum laude in European Public Law from Tilburg University. In 2017, she successfully completed a post graduate masters in EU Competition law at King’s College London (LL.M., with merit). She is a member of the Dutch Competition Law Association (VvM), the Dutch Association for European Law, the Dutch Association for Procurement Law (NVvA) and the Dutch Energy Law Association (NeVER). Furthermore, she regularly publishes articles on EU & Competition law topics.
140
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as (...)
813
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after (...)
241
Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in the Draft (...)
358
On 27 May 2020, the Dutch Authority for Consumers and Markets ("ACM") imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information (...)
409
PORT TOWING JOINT VENTURE DISSOLVED AFTER INVESTIGATION BY THE DUTCH COMPETITION AUTHORITY: FULL-FUNCTIONALITY QUESTIONED* Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port (...)
555
Dutch competition authority ACM publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors* The Dutch competition authority, ACM, initiated a market study in 2018 into the effect of the introduction of biosimilars on the competition between TNF alfa (...)
153
The growth of e-commerce over the last decade has had a significant impact on the market. Trends like the increased importance of online sales and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers (...)
222
COMPETITION LAW AND SUSTAINABILITY INITIATIVES: DUTCH BILL PROVIDES MORE LEEWAY* On 4 July 2019 a long-awaited Dutch legislative proposal regarding sustainability initiatives (“Wet ruimte voor duurzaamheidsinitiatieven“) was submitted to the Dutch House of Representatives. The proposal aims to (...)
1346
ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 (...)
128
Private equity investors held liable for cartels in the Netherlands* Introduction On 19 March 2019, the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, “CBb”) ruled that the Dutch Competition Authority (“the ACM”) can hold private equity investors (...)
335
Dutch Authority for Consumers and Markets (ACM) publishes guidelines to clarify simplified settlement procedure* On 21 December 2018, the Dutch Authority for Consumers & Markets (“ACM”) published (“Settlement Guidelines”) Such a procedure can be followed if the ACM intends to impose a fine and (...)
19 avenue Jean Aicard
75011 Paris, France
106 West 32nd Street, Suite 149
New York, NY, 10001, USA
563 Chiswick High Road
W4 3AY London, UK