INTERNATIONAL: NETHERLANDS - CARTELS - DAMAGES - PRIVATE ENFORCEMENT

Netherlands: Recent developments in cartel damages actions – A roadmap for effective compensation

Over the last decade, the Netherlands have become one of the preferred forums for private enforcement in the European Union. A large number of cartel damages cases have been brought before the Dutch courts, often by litigation vehicles or a multitude of prejudiced parties, which has resulted in a large body of case law. The Dutch judiciary has gained a lot of experience in dealing with such proceedings, both from a case management and legal point of view. In this contribution, the authors seek to provide an overview of the resolution of various private enforcement topics of debate in Dutch case law, including international jurisdiction, the obligation of claimants to furnish facts, the validity of assignments of claims to special purpose vehicles, the application of conflict of law rules, limitation, binding effect of competition authority decisions, joint and several liability and passing-on. Together with various important developments in the CJEU’s case law, these developments have lead to a clear roadmap for the resolution of private enforcement proceedings before the Dutch courts.

I. Introduction 1. Over the last decade, the Netherlands have become one of the preferred forums for private enforcement in the European Union. Follow-on cartel damages proceedings have been initiated in relation to i.a. the air cargo, gas-insulated switchgear, bitumen, sodium chlorate, paraffin wax, elevators, prestressing steel, CDT/CPT and trucks cartels. Often, these proceedings are initiated by so called “litigation vehicles,” who seek to enforce the claims of large numbers of victims of anticompetitive behaviour, typically in one (mass) action. Such actions are usually backed by international or European litigation funders and legal and/or economic service providers, generally resulting in high quality private enforcement litigation. 2. The Dutch legislator and judiciary

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Authors

  • Van Benthem & Keulen (Utrecht)
  • Van Benthem & Keulen (Utrecht)
  • CDC Cartel Damage Claims (Brussels)

Quotation

Joost A. Möhlmann, Mark R. Fidder, Till Schreiber, Netherlands: Recent developments in cartel damages actions – A roadmap for effective compensation, November 2019, Concurrences Review N° 4-2019, Art. N° 92007, pp. 208-218

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