Pauline Kuipers

Bird & Bird (The Hague)
Lawyer (Partner)

Pauline Kuipers is an EU & competition law partner in the Hague and head of Bird & Bird’s International Competition & EU Group. Pauline specialises in EU and Dutch competition law with a particular focus on regulated markets like communications, media, life sciences. In competition law matters, she has experience in cartel procedures, abuse of dominance matters, merger notifications to the Dutch competition authority and European Commission as well as coordination of multiple merger filings, private enforcement actions, competition regulation of network industries as well as the media sector and competition rules on undertakings granted special or exclusive rights by the state. Her practice also includes public procurement law and assistance in regulatory investigations (telecoms, post, consumer law, energy). Pauline’s previous experience in Intellectual Property law has brought her specific expertise to advise in matters on the verge between competition law and intellectual property, such as licensing arrangements and other technology transfer agreements, standardization discussions, refusal to license, abuse of IP rights etc.

Linked authors

Bird & Bird (The Hague)
Bird & Bird (The Hague)
Bird & Bird (Amsterdam)
Bird & Bird (Amsterdam)

Articles

1387 Bulletin

Manuela Cox, Piet-Hein Eijssen, Pauline Kuipers The Amsterdam Court of Appeal rules that an online real estate platform has not abused its dominance by inter alia self-preferencing the ranking of online advertisements (VBO / NVM / Funda)

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On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court assumed that (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Competition Authority unconditionally clears the acquisition of a publishing company and concludes that no in-depth phase II merger control investigation is required as sufficient competition will remain in the online-advertising market and free online news market (Sanoma / DPG)

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On 10 April 2020, the Netherlands Authority for Consumers & Markets (“ACM”) unconditionally cleared the acquisition of publishing company Sanoma Media Netherlands (“Sanoma”) by DPG Media (“DPG”) and concluded that no in-depth phase 2 merger control investigation was required as sufficient (...)

Piet-Hein Eijssen, Pauline Kuipers The Dutch Trade and Industry Appeals Tribunal reverses a decision of the National Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)

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On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, the ACM (...)

Pauline Kuipers The Dutch Trade and Industry Appeals Tribunal confirms that a company on which no fine is imposed could still be able to appeal the infringement decision in cases that it is held jointly and severally liable for the cartel infringement of its wholly-owned subsidiary (College van Beroep)

33

On 18 February 2020 the Dutch Trade and Industry Appeals Tribunal (“CBb”) ruled that a company may still have an interest in bringing proceedings against a cartel infringement decision even if no fine is imposed on it and even if it is not the direct addressee of the infringement decision. In the (...)

Piet-Hein Eijssen, Pauline Kuipers The Amsterdam Court of Appeal rules that cartel damage claims filed by a claim vehicle is not time-barred under Spanish, Finnish and Swedish law in the chemicals market (CDC / Kemira)

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On 4 February 2020, the Amsterdam Court of Appeal (“Court of Appeal”) ruled that cartel damage claims that were filed by claim vehicle CDC against Kemira were not time-barred under Spanish, Finnish and Swedish law. The Court of Appeal also dismissed Kemira’s challenge to the way in which the (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Competition Authority imposes a fine of €1.84 million on a company for failing to comply with the duty to cooperate during an on-site investigation (Onderneming)

60

On 10 December 2019 , the Authority for Consumers & Markets ("ACM") imposed a fine of € 1,84 million on a company for the failure to comply with the duty to cooperate as laid down in Article 5:20(1) of the Dutch General Administrative Law Act ("GALA"). ACM found that during an on-site (...)

Piet-Hein Eijssen, Pauline Kuipers The Dutch Court of Appeal in Arnhem-Leeuwarden applies the EU competition law notion of an undertaking in a cartel damage claim procedure (GIS Cartel)

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On 26 November 2019 the Court of Appeal of Arnhem ("Court of Appeal") applied the EU competition law notion of an ‘undertaking’ in a cartel damage claim procedure between TenneT and entities belonging to the Alstom group of companies. The Court of Appeal ruled that one of these entities formed a (...)

Pauline Kuipers, Piet-Hein Eijssen The Rotterdam District Court renders an interim judgement in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)

48

On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and escalators-cartel (...)

Mariska Van De Sanden, Janneke Kohlen, Pauline Kuipers The Dutch Competition Authority publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors

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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 (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Ministry of Economic Affairs and Climate grants a licence, overruling the Competition Authority’s decision, for overriding public interests including the continuity and affordability of high quality in the postal services sector (PostNL / Sandd)

20

In February of this year, PostNL announced its intention to acquire rival operator Sandd. In view of the rapidly declining postal volumes, the two operators consider the combination of their nationwide postal networks necessary to ensure continuity and affordability of postal services. On (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Competition Authority publishes a discussion paper suggesting ex-ante enforcement tools to deal with competition issues in the digital economy

15

In May 2019 the Dutch State Secretary of Economic Affairs & Climate (’Ministry’) stated that she will plead in Europe for a new competence in European competition enforcement to keep digital markets accessible. One of her suggestions is to enable the competition authority to intervene in (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch District court annuls a €41 million fine imposed on a rail transport incumbent for allegedly abusing of its dominant position (Nederlandse Spoorwegen)

21

On 27 June 2019 the District Court of Rotterdam annulled the decision of the Authority for Consumers and Markets ("ACM", the Dutch competition authority) to impose a fine of € 41 million on Dutch rail transport incumbent N.V. Nederlandse Spoorwegen ("NS") for abusing its dominant position (100%) (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Higher Court of Appeal rules on an alleged abuse of dominant position by an electronic company for not licensing a patent under FRAND conditions (Asus / Philips)

27

On 7 May 2019, the The Hague Court of Appeal ("Court of Appeal") ruled against electronics company Asus in a patent dispute with electronics company Philips. The Court of Appeal found that Philips’ patent was valid and had been infringed by Asus. The manufacturer had argued that Philips abused (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Competition Authority publishes its final report on the market study into mobile app stores and simultaneously opens an investigation into potential abuse of dominance (Apple)

29

On 11 April 2019 the Dutch competition authority ("ACM") published its findings on the ACM market study into mobile app stores ("Market Study"). ACM conducted the Market Study in order to gain more insight into how app providers are able to offer their apps in app stores and what influence app (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Highest Administrative Court rules that private equity investors could be held liable for cartel infringements committed by their portfolio companies (Flour cartel)

9

On 19 March 2019 the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") ruled that private equity investors could be held liable for cartel infringements committed by their portfolio companies. In this case the Dutch Competition Authority (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Competition Authority publishes new horizontal guidelines on cooperation between competitors and new vertical guidelines on agreements between suppliers and customers

17

On 26 February 2019, the Dutch Authority for Consumers & Markets ("ACM") published both new (horizontal) guidelines on cooperation between competitors (Leidraad: samenwerking tussen concurrenten "Horizontal restraints guidelines") and (vertical) guidelines on agreements between suppliers (...)

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