The District Court of the Hague rules that a trade organisation and an individual company infringed the cartel prohibition by foreclosing the use of a tool to determine the age of a purchaser of alcohol or tobacco (HEM / CBL / Jumbo)

On 9 March 2016, the District Court of The Hague ("Court") ruled that Centraal Bureau Levensmiddelenhandel ("CBL") and various Jumbo entities ("Jumbo") infringed Article 6 of the Dutch Competition Act (the cartel prohibition, hereafter "Mw") and are thus jointly and severally liable for damages suffered by the claimant, Hollandsche Exploitatie Maatschappij B.V. ("HEM"). The exact level of the damages suffered by HEM will in due time be determined in separate follow-up proceedings for the determination of damages (schadestaatprocedure). In 2007, HEM developed Ageviewers, an age-verification system that could be used by vendors (such as supermarkets) when checking whether a purchaser of alcohol or tobacco is of an age where he or she is legally allowed to be sold such products

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  • Clifford Chance (Amsterdam)

Quotation

Frans Muller, The District Court of the Hague rules that a trade organisation and an individual company infringed the cartel prohibition by foreclosing the use of a tool to determine the age of a purchaser of alcohol or tobacco (HEM / CBL / Jumbo), 9 March 2016, e-Competitions March 2016, Art. N° 78889

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