The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest national real estate agencies in the online housing market (VBO / NVM / Funda)

In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old dispute between the two real estate agents. The Court established that Funda has a dominant position on the relevant market. The relevant market established in this case was the online housing market in the Netherlands. The Court appointed experts which had helped the Court determine the relevant market in this case. [1] The main argument in this case was Funda’s discriminatory contract terms toward third parties who use its website. This had been dismissed by the Court in Amsterdam. The Court of Appeal