Competition & EU

Netherlands

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. There is the additional risk of private enforcement such as substantial (follow-on) antitrust damages claims. Being compliant and implementing effective risk mitigation strategies is key. We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these difficult paths so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets.

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. The lawyers spread across the CMS offices are supported by the CMS EU Law Office in Brussels. The CMS Competition Group has hands-on experience in dealing with the European Commission and all national competition authorities as well as European and national courts. We act for clients in all areas of competition law: cartels, distribution agreements and other agreements comprising horizontal and vertical restraints, abuse of dominance, merger control, private enforcement, state aid, investigations and compliance. Our sector approach helps us understand your business environment and get to grips with your issues.

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Sources say the team "works fast and is easy to reach.

Chambers Europe, 2017

The lawyers have very high professionalism, and are always ready to answer questions and propose solutions on different situations.

Chambers Europe, 2016

The lawyers have good knowledge and are quick to understand our business interests and analyse relevant legal aspects.

Chambers Europe, 2016

Clients note that the team at CMS has "proven to be reliable and responsive".

The Legal 500, 2018

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    Dawn Raid

    It can also happen to you or your company: one morning, the government turns up on your doorstep. They want access to your records, they want copies of your computers, they want to ask you and your employees questions. They come at dawn, when the surprise effect is biggest: a ‘Dawn Raid’.

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    Regulated Markets

    Companies that are active in the energy, post, telecommunications, media and healthcare sectors are increasingly confronted not only with European and Dutch competition law, but also with sector-specific regulations and special regulatory authorities. The reason is often the public interest, the utility function or the network character of these sectors.

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    State Aid

    We have a great deal of experience in advising both providers and receivers of state aid, including provinces, municipalities, water authorities, housing corporations, project developers and other enterprises that receive support. State aid involves not only subsidies, but also loans, tax exemptions, guarantees, property transactions, land allocation, PPP, government participation in enterprises, support for sustainable projects or other financial arrangements with enterprises.

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    16/02/2018
    CMS Com­pet­i­tion Con­tact Card
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
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    June 2018
    De­liv­er­ing qual­ity ad­vice you can act on
    An­nu­al Re­view 2017 – 2018
    15/10/2018
    European Com­mis­sion charges Slov­ak rail com­pany with dawn raid ob­struc­tion
    On 25 Septem­ber 2018, the European Com­mis­sion sent a State­ment of Ob­jec­tions to ZSSK, a Slov­ak rail com­pany, al­leging that it had ob­struc­ted a dawn raid by giv­ing in­cor­rect in­form­a­tion and de­let­ing data from a laptop.
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
    03/09/2018
    The Com­mis­sion de­cides that tax on ad­mis­sion fees in Greek casi­nos...
    The European Com­mis­sion has con­cluded that a sys­tem of levies on State-set ad­mis­sion fees at Greek casi­nos does not con­sti­tute EU State aid. The Com­mis­sion had ini­tially taken is­sue with the meas­ures and de­cided, after an in-depth State aid in­vest­ig­a­tion con­cluded.
    30/07/2018
    EC: Ef­fects of pri­cing al­gorithms in the con­text of re­sale price main­ten­ance
    On 24 Ju­ly 2018, the European Com­mis­sion ("Com­mis­sion") im­posed fines on four elec­tron­ics man­u­fac­tur­ers for fix­ing the prices of their on­line re­tail­ers. In as­sess­ing the im­pact of re­sale price main­ten­ance, the Com­mis­sion also fo­cused on the use of pri­cing al­gorithms.
    19/07/2018
    Se­lect­ive dis­tri­bu­tion: Frank­furt court con­firms the leg­al­ity of third-party...
    On 12 Ju­ly 2018, the High­er Re­gion­al Court of Frank­furt ruled on the ap­peal pro­ced­ure in the Coty case (No. 11 U 96/14 Kart) and de­cided that the third-party plat­form ban agreed by the lux­ury cos­met­ics man­u­fac­turer Coty in its se­lect­ive dis­tri­bu­tion agree­ment.
    13/06/2018
    Com­pet­i­tion law and al­gorithms: the Lux­em­bourg Com­pet­i­tion Coun­cil...
    Al­gorithms is the hot top­ic in com­pet­i­tion law. In June 2017, the OECD pub­lished a pa­per on the risk of col­lu­sion in the use of al­gorithms. This is­sue has been reg­u­larly ad­dressed by Com­mis­sion­er Vestager in her speeches.
    12/06/2018
    Ham­burg court ex­tends ECJ's rul­ing on third-party plat­form ban to...
    On 22 March 2018, the Hanseat­ic High­er Re­gion­al Court in Ham­burg ruled that a sup­pli­er of food sup­ple­ments and vari­ous toi­letries may pro­hib­it dis­trib­ut­ors from selling its goods over cer­tain on­line sales sites known as third-party plat­forms.
    01/06/2018
    No gun jump­ing in EY case says ECJ
    The Court of Justice of the EU has ruled that Ernst & Young (“EY”) did not jump the gun in the takeover of KP­MG’s Dan­ish unit. In its May 31 rul­ing, the Court of Justice re­af­firmed an earli­er Opin­ion by Ad­voc­ate Gen­er­al Nils Wahl, which could im­pact how “gun.
    29/03/2018
    Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
    08/11/2017
    Com­pan­ies should be per­mit­ted to mi­grate from one EU mem­ber state...
    A com­pany re­gistered in and gov­erned by the laws of one EU mem­ber state should be per­mit­ted to “con­vert” it­self in­to a com­pany gov­erned by the laws of an­oth­er EU mem­ber state, provided it sat­is­fies the rel­ev­ant con­di­tions laid down by the des­tin­a­tion state.
    02/11/2017
    EU Frame­work for resolv­ing double tax dis­putes
    The EU Eco­nom­ic and Fin­an­cial Af­fairs Coun­cil has ad­op­ted a Dir­ect­ive to cre­ate a new sys­tem to re­solve double tax­a­tion dis­putes between EU Mem­ber States. This meas­ure will af­ford tax­pay­ers a trans­par­ent pro­cess with clear dead­lines ap­plic­able to tax au­thor­it­ies.