Piet-Hein Eijssen

Bird & Bird (Amsterdam)
Lawyer (Associate)

Mr. Eijssen is an associate at Bird & Bird, the Netherlands. Mr. Eijssen specialises in EU and Dutch competition law and sector-specific regulations in the energy, communications, media and technology industries. He was involved in numerous administrative law proceedings and has substantial experience in cartel cases, merger control and abuse of dominance matters. He also has specific expertise to advise in matters at the intersection of competition and intellectual property law. Piet-Hein holds degrees in both Economics and Law. He obtained his Master of Laws (LLM) from the University of Rotterdam and also completed the European Master in Law & Economics (EMLE), during which he was a visiting researcher at the University of California, Berkeley.

Auteurs associés

Stibbe (Amsterdam)
Bird & Bird (The Hague)
Bird & Bird (London)

Articles

2064 Bulletin

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)

35

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 (...)

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)

15

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)

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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 (...)

Piet-Hein Eijssen, Peter Willis The UK Competition Authority issues a statement of objections to three pharmaceutical companies over pay-for-delay agreements (Aspen / Amilco / Tiofarma)

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On 3 October 2019 the Competition and Markets Authority (CMA) issued a Statement of Objections (the “SO”) to three pharmaceutical companies over pay-for-delay agreements in the market for Addison’s disease treatment. In its SO the CMA sets out its provisional view that, in 2016, pharmaceutical (...)

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)

13

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 (...)

Piet-Hein Eijssen, Peter Willis The UK Competition Authority invites interested parties to comment on its intention to accept commitments over an agreement that allegedly prevented the entry of a competing version in the drug fludrocortisone market (Aspen)

12

On 14 August 2019 the Competition & Market Authority ("CMA") invited interested parties to comment on its intention to accept commitments from Aspen over an agreement that allegedly prevented the entry of a competing version of the drug fludrocortisone in the UK. The CMA suspected Aspen (...)

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

9

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)

13

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)

14

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 a potential abuse of dominance (Apple)

10

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)

6

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

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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 (...)

Maarten Tuurenhout, Piet-Hein Eijssen The Dutch Competition Authority blocks a merger between two companies involved in the production and sale of gingerbread and rusk to retailers on the Dutch market (A.A. ter Beek / Continental Bakeries)

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1. Introduction In its decision of 14 December 2012, the Dutch Competition Authority (hereafter "NMa") blocked the proposed acquisition of A.A. ter Beek B.V. by Continental Bakeries B.V. (hereafter : "the ruskmerger"). Both companies are involved in the production and sale of gingerbread and (...)

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