European Commission - DG HR (Brussels)

Tristan Baumé

European Commission - DG HR (Brussels)
Legal officer

Tristan Baumé works as Legal Officer for European Commission - DG HR (Directorate General for Human Resources).


201602 Bulletin

Tristan Baumé The Dutch Supreme Court finds that a decision of an association of real estate agents to make compulsory the use by its members of the association’s information sharing system infringes Article 6(1) of the Dutch competition Act (NVM)


NVM is an association of real estate agents which accounted in 2005 about 80% of registered real estate agents in the Netherlands. NVM had developed an information sharing system (a first version was named “Masterplan 2000”, followed by a second version named “TIARA”), containing office automation (...)

Tristan Baumé A Dutch High Court quashes a lower court’s judgment annulling the fine imposed by the Competition Authority on a participant in a cartel in the building sector (A. Wegenbouw / B. Holding)


As a result of a TV programme which revealed the existence of a large-scale system of fraud within the building sector in the Netherlands, the Dutch Competition Authority (hereafter the ‘NMa‘) initiated an investigation of a possible infringement of Article 6 of the Dutch Competition Act (a (...)

Sally Janssen, Tristan Baumé The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchanges do not have any effect on their conduct on the market (KPN / Orange / Telfort / T-Mobile / Vodafone Libertel)


The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

Sally Janssen, Tristan Baumé A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent)


Essent, Delta, and Eneco are three vertically integrated energy companies active in the production, trade and distribution of electricity and gas. They supply end-consumers through their own electricity and gas networks. Each group’s networks are managed by separate network operators, (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal holds that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst)


The present judgement from the Gerechtshof Amsterdam (the Court of appeal of Amsterdam) follows the preliminary ruling issued by the European Court of Justice on 11 June 2009 in case C-429/07, Inspecteur van Belastingdienst v. X BV. The case at hand relates to a dispute between company X and (...)

Sally Janssen, Tristan Baumé The Dutch Supreme Court annuls a judgment of the Court of Appeal for error in market definition and lack of analysis of the franchise agreement’s restrictive object in the light of its context (Prisma Vastgoed, Prisma Food Retail / Verweerders)


In 1989, Prisma rented out a supermarket to the defendant. The rental agreement provided for an option to purchase the supermarket in favour of the defendant, which could be exercised on 30 April 2001. This agreement further provided that in case the defendant purchased the supermarket, it (...)

Sally Janssen, Tristan Baumé The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna)


In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the (...)

Sally Janssen, Tristan Baumé The EU Court of Justice, issuing a preliminary ruling in answer to a reference made by a Dutch Court, holds that the Commission may submit on its own initiative, on the basis of Art. 15.3 of Reg. 1/2003, written observations to national courts in proceedings relating to the deductibility from taxable profits of the amounts of a fine imposed for infringement of Art. 81 and 82 EC (X BV)


On 11 June 2009, the ECJ issued a preliminary ruling in answer to a reference made by the Court of Appeal of Amsterdam, which asked whether the Commission was competent, under Article 15(3) of Regulation n° 1/2003 , to submit, on its own initiative, written observations to a national court in (...)

Sally Janssen, Tristan Baumé The Dutch Supreme Court declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and as a consequence may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie)


The municipality of Heerlen is the owner of four buildings located in a shopping street of that city. In order to erect those buildings, the municipality concluded an agreement with Whizz in November 1999, according to which Whizz had to evacuate the kiosk within which it was running his (...)

Sally Janssen, Tristan Baumé A Dutch Court confirms the annulment of a decision adopted by the NCA on the ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP / NVVP / LVE)


In April 2004, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon NIP, NVVP, and LVE, three professional associations in field of psychological services, for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). Furthermore, the NMa (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that fines imposed by the NCA for infringements of the national competition act are not deductible for corporate tax purposes, while fines imposed by the European Commission are partly deductible (X/NMa)


One more time, the Rechtbank of Haarlem has been faced with the issue of the deductibility for corporate tax purposes of fines imposed for breach of competition law. The case at issue concerns an undertaking active in gardening services (hereafter: “X”) which was fined by the Dutch competition (...)

Sally Janssen, Tristan Baumé The Dutch Court of Appeal of the Hague, after having sought the opinion of the EU Commission, holds that a decision adopted by a mussel farmers association did not breach Art. 81.1 EC (Vereniging Productenorganisatie van de Nederlandse Mosselcultuur / Praet en Zonen)


In 1998, PO, a cooperative association of mussel farmers, adopted a regulation (hereafter the “1998 regulation”) providing for the allocation to its members of the mussel seeds quantity that they could fish, of which the total amount is determined by government on a yearly basis. On 25 January (...)

Sally Janssen, Tristan Baumé The Dutch Trade and Industry Appeals Tribunal makes a reference for a preliminary ruling to the ECJ concerning the application of Art. 81.1 EC to concerted practice between mobile phone operators (KPN Mobile)


In December 2002, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon five Dutch mobile phone companies for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). The NMa found that those mobile phone operators exchanged confidential (...)

Sally Janssen, Tristan Baumé A Dutch Court holds anticompetitive the termination of a dealer agreement for non-compliance by the retailer with the recommended retail prices (Design v. Eastborn Slaapsystemen)


MF Design is one of the three hundred retailers in the Netherlands selling bedroom necessities manufactured by Eastborn Slaapsystemen (hereafter “Eastborn”). Eastborn used to issue recommended retail prices, which were published in its price catalogue. In 2004, MF Design announced on its website (...)

Sally Janssen, Tristan Baumé A Dutch Court rules on the anticompetitive effects of an obligation to offer a supermarket for sale in case of termination of a franchise agreement in the large retail distribution sector (Prisma)


The present case was concerned with the restrictive effects, under competition law, of contractual conditions surrounding the ending of a franchise agreement in the supermarket sector. The facts of the case were the following. In 1989, Prisma, the legal successor of Flevozoom Vastgoed B.V., (...)

Sally Janssen, Tristan Baumé A Dutch Court applies for an ECJ preliminary ruling on the application of Art. 15.3 Reg. n° 1/2003 by the EC Commission within the framework of a tax case raising only indirectly EC competition provisions (X B.V. Belanghebbende/Inspecteur Belastingdienst)


In November 2002, the European Commission imposed a fine upon a Dutch company, (hereafter “X”), for breach of Article 81 EC. The payment of this fine was partly made by another company affiliated to X. Under Dutch tax law, a fine imposed upon a company by a Community institution may not be (...)

Sally Janssen, Tristan Baumé The Dutch District Court holds that a State aid to a coal gasification plant notified to the EU Commission is included in the scope of a former positive Commission decision and refuses to await the second Commission’s decision (Demkolec)


The case at hand concerns an experimental coal gasification plant, Demkolec, owned by NV SEP, the legal predecessor of Nederlands Elektriciteit Administratiekantoor (NEA). The Dutch public authorities decided to support the building of Demkolec for environmental reasons. Since the beginning, (...)

Sally Janssen, Tristan Baumé A Dutch Court significantly reduces the fines imposed by the NCA for price and rebates coordination on bicycles markets pursuant to both Art. 81 EC and national provisions (Giant Europe, Accell Group and Gazelle/NMa)


On 18 July 2007, the Court of First Instance of Rotterdam (hereafter the ‘Rechtbank’) ruled on an appeal introduced against a decision adopted by the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the ‘NMa’) concerning a cartel between three Dutch companies engaged in (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that an exclusive purchasing agreement relating to the exploitation of a service station cannot benefit from the EC block exemptions (BP Nederland v. V.O.F)


District Court of Utrecht (Rechtbank Utrecht), 9 May 2007, BP Nederland B.V. v. V.O.F., Case 508927 AC EXPL 07-609 (LJN: BA5375) On 23 September 1994, BP and the defendant concluded an exploitation agreement according to which the defendant obtained the right to exploit BP’s outlet for the sale (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that a 5 years non-compete clause is disproportional in view of its goal and constitutes a restriction by object (Heijmans beton/Nederveen)


Court of First Instance of ‘s-Hertogenbosch (Rechtbank ‘s-Hertogenbosch), 28 March 2007, Heijmans beton- en waterbouw speciale technieken B.V. e.a., v. de besloten vennootschap met beperkte aansprakelijkheid H.M. Nederveen Holding B.V. e.a., Case 133181/HA ZA 05-2282, LJN: BA2126 In this case, (...)

Sally Janssen, Tristan Baumé A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)


Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal refuses to order the Municipality to suspend an investment which was liable to constitute a State aid, although the Commission has started an Art. 88.2 EC procedure (UPC / Gemeente Amsterdam)


UPC is an undertaking which provides telecommunications services, such as television, telephony and broadband services, within the Netherlands. For several years, UPC has exploited the Municipality of Amsterdam’s cable network. In 2004, the Municipality of Amsterdam decided to build in certain (...)

Sally Janssen, Tristan Baumé A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)


KPN is an undertaking which provides telecommunication services within the Netherlands. According to the Dutch Telecommunications Act, KPN had to ensure the availability of at least one public pay telephone in every residential dwelling zone of more than 5000 inhabitants. As KPN wished to (...)

Sally Janssen, Tristan Baumé A Dutch Court decides that vertical agreements which are not covered by EC Reg. n° 2790/1999, because they have as their object the restriction of the territory into which the goods may be sold, are not caught by competition rules in view of their insignificant effect on competition (Bread products case)


X is a partnership under Dutch law which has made several agreements with retailers, including Y. According to the agreements, X delivers, under certain conditions, bread products to the retailers. These bread products are then sold by the latter to consumers. X has initiated a proceeding (...)

Tristan Baumé A Dutch Court annuls a decision of the Competition Authority which imposed fines on three associations of psychologists and psychotherapists for issuing price guidelines (NIP - LVE - NVVP)


NIP, LVE and NVVP are three associations of psychologists and psychotherapists. At least 33% of independent psychologists established in The Netherlands are members of NIP. Psychologists can only adhere to LVE if they are members of NIP. 60% of independent psychotherapists established in The (...)

Tristan Baumé A Dutch Court of First Instance declares void an exclusive distribution agreement on the market of ballast materials for the construction of railways as per the Dutch Competition Act (Rotim / Ballast)


Rotim is a Dutch company importing, selling and distributing ballast materials for railways. Basalt is a company established in Germany which produces ballast materials. In 1983, Rotim concluded an agreement with Basalt, the so-called “Liefervertrag’, according to which Rotim had the exclusive (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal refuses to recognise the tortious liability of recipients of State aids that have not been notified to the EC Commission in accordance with Art. 88.3 EC (Baby Dan)


Baby Dan is a company which produces security devices for babies, such as stair gates, i.e. gates impeding babies’ access to stairs. Before the first instance court of Utrecht, this company introduced an action in damages against two of its competitors, De Risse and WeDeKa, which had, according (...)

Tristan Baumé The Dutch Court of First Instance of Utrecht dismisses a plea on excessive tariff rates under both Dutch competition law and Art. 82 EC (BAT / Chipknip / Tobacco vending machines)


British American Tobacco (hereafter “BAT”) produces and supplies tobacco products. It owns a large number of cigarette vending machines. Chipknip provides services in relation to banking chip cards. When equipped with specific chips, banking cards can be used as electronic wallets. In 1999, the (...)

Tristan Baumé The Court of First Instance of The Hague dismisses a complaint for abusive access tariff on the broadband Internet access (Educatief Net - Easynet / KPN Telecom)


Nl.tree was established by nine cable operators, in order to supply, following an agreement concluded with the Dutch Ministry of Education, internet access and related services, known as “Kennisnet”, to primary schools, secondary schools and vocational and adult learning institutions. Broadband (...)

Tristan Baumé A Dutch Court considers that a certification scheme aimed at securing qualitative criteria does not infringe Art. 81 EC nor Dutch competition provision (Agrofino / SRB and SET)


Rechtbank ’s Gravenhage, 1 February 2006, Case 243470 Agrofino produces soil. The company is market leader in Belgium and is active in the Southern provinces of the Netherlands. Its soil complies with the legal requirements of Belgium and France. SRB and SET registered the trademark “QualiTree (...)

Tristan Baumé The Dutch Court decides that the decision of the Competition Authority should have been annulled since the latter did not examine whether a restrictive distribution agreement had an appreciable effect on competition (Secon & G-Star)


G-Star is a subsidiary of Secon. It supplied clothes to clothing shops. The distribution agreement between the supplier and the retailers provided that the contract goods could not be sold to consumers from other premises than those to which the goods were supplied. Retailers were therefore (...)

Tristan Baumé A Dutch Court states that a discount on sale prices agreed between retailers and suppliers associations does not constitute resale price fixing with reference to EC law (Modint)


Modint was an association of textile undertakings active in the promotion of its members’ commercial interests, especially those relating to commercial transactions. Modint Credit & Finance B.V. (hereafter “MCF” ) was a company providing commercial related services to Modint. Modint members (...)

Tristan Baumé The Court of Amsterdam orders a new entrance to cease actively soliciting the clients of the telecommunication incumbent on the ADSL market under a penalty of €5000 (Wanadoo / KPN)


KPN, the Dutch historical telecommunication operator, owned an ADSL network through which it provided “fast ip access” to other internet service providers. “Fast ip access” enabled other internet service providers to provide their services to end-users. Wanadoo is an Internet service provider which (...)

Tristan Baumé The Dutch Court of Appeal refuses to order the execution of an award adopted by an American arbitration panel for breach of a licensing agreement, on the grounds that it violates Art. 81.1 EC and that it is contrary to the public policy (Marketing Displays International / VR)


The companies concerned, Marketing Displays International (“MDI”) and VR, established in the United States of America and in The Netherlands respectively, are both active in the manufacture and marketing of bill boards. On 7 September 1990, MDI and VR concluded a licensing agreement, by which MDI (...)

Tristan Baumé The Court of The Hague condemns the Dutch State to make good the damage suffered by an undertaking following the publication by the Competition Authority of a press release (Accel)


Gerechtshof ’s-Gravenhage, 24 February 2005, Case 04/516, LJN: AS9694 The Dutch competition authority initiated investigation proceedings in 2000 against three subsidiaries of Accel (hereafter “Accel”), which were active in the production and marketing of bicycles. On 28 November 2002, the (...)

Tristan Baumé A Dutch Court declares a franchise agreement void because of a clause allowing the franchisor to impose a maximum price for promotional purposes (Market Food Group - “Bakkerijt Stoepje")


Market Food Group B.V. (hereafter “MFG”) is active in bakery products. It has developed a franchising network under the brand “Bakkerij ‘t Stoepje” for open air markets stands in The Netherlands. The franchise agreement contains inter alia the following clauses: The franchisee shall exclusively (...)

Tristan Baumé A Dutch Court considers that although the licensor could not compel the licensee to comply with contractual provisions that were void by virtue of Art. 81 EC, the licensor was however not precluded from terminating the agreement according to the terms of the latter (Dekker / Sunfield)


Gerechtshof ’s Gravenhage, 16 December 2004, Cases 03/1647, 04/87, 04/1033 Dekker is active in the market for the improvement of chrysanthemum species and owns the cultivation rights of certain species. Its market share is estimated at 25% of the Dutch market. Sunfield is active in the breeding (...)

Tristan Baumé The Irish Competition Authority decides that the aggressive pricing strategy of a newspapers publisher in the market for advertising in local newspapers did not breach the Competition Act 2002 for lack of dominant position (Drogheda Independent / The Leader)


The Drogheda Independent Company Limited (“the DIC”) publishes several newspaper titles, one of which being The Extra. The Leader, another publisher, lodged a complaint before the Irish Competition Authority and alleged that the DIC abused its dominant position for selling advertising below cost (...)

Tristan Baumé The Brussels Court of Appeal gives guidance as to the consequences to be drawn from the EC Commission decision annulling the decision of the Belgian Ordre des Architectes


An agreement passed with an architect fixed the fee in accordance with the deontological norm set by the Belgian Ordre des Architectes. The architect asked its client to pay the fee for the work he had made. The client refused, arguing that the agreement was void because the fee was set in (...)

Tristan Baumé Un Tribunal néerlandais rejette la demande d’un ancien concessionnaire Daewoo de l’admettre dans le réseau de réparateurs agréés sur le double fondement du Règ. n° 1400/2002 CE et de l’Art. 81 CE (Daewoo Motor Benelux)


Daewoo Motor Benelux (ci-après “Daewoo”) a mis fin au contrat de distribution l’unissant à un concessionnaire automobile en raison de la diminution de ses ventes et de la qualité de ses services après-vente, et de la perte de confiance subséquente de la part de Daewoo. Par la suite, cet ancien (...)

Tristan Baumé The Dutch Competition Authority and judges disagree on the application of the essential facility ECJ case law on imposing on the television broadcaster the obligation to license to a newspaper its TV programme (NOS / Telegraaf)


The Dutch national competition authority (hereafter NCA) had imposed on NOS, a Dutch national television broadcaster, the obligation to license to the Telegraaf, a national newspaper, the weekly TV programme listing at a reasonable price. The Telegraaf intended to add to its Saturday edition a (...)

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