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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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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    04/02/2019
    CMS launches free mo­bile app that provides guid­ance...
    16/02/2018
    CMS Com­pet­i­tion Con­tact Card
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    4 Feb 2019
    CMS Dawn Raid As­sist­ant app
    22/03/2019
    European Com­mis­sion launches on­line "eL­e­ni­ency" tool
    On 19 March 2019, the European Com­mis­sion an­nounced the launch of its new on­line tool to sub­mit state­ments and doc­u­ments in le­ni­ency and set­tle­ment pro­ceed­ings in car­tel and non-car­tel co­oper­a­tion cases.
    June 2018
    De­liv­er­ing qual­ity ad­vice you can act on
    An­nu­al Re­view 2017 – 2018
    15/03/2019
    EU law trumps na­tion­al law when de­term­in­ing the en­tity li­able for...
    On 14 March 2019, the Court of Justice of the European Uni­on (CJEU) pub­lished a ground-break­ing pre­lim­in­ary rul­ing in the case Skanska In­dus­tri­al Solu­tions and Oth­ers (Case C‑724/17), find­ing that the de­term­in­a­tion of who is li­able for dam­ages for an in­fringe­ment.
    Dóra Petrányi
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
    20/02/2019
    European Par­lia­ment backs EU wide frame­work for screen­ing for­eign...
    On 14 Feb­ru­ary 2019, the European Par­lia­ment voted to en­dorse the first ever EU-wide tool for screen­ing for­eign dir­ect in­vest­ment (FDI) on the grounds of se­cur­ity and pub­lic or­der. The vote brings the EU one step closer to put­ting in place a frame­work al­low­ing.
    15/01/2019
    European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
    On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
    15/01/2019
    Guess what? Block­ing cross-bor­der sales can be ex­pens­ive – Com­mis­sion...
    On 17 Decem­ber 2018, the European Com­mis­sion ("Com­mis­sion") fined US-cloth­ing com­pany GUESS? Inc. and its vari­ous sub­si­di­ar­ies ("Guess") EUR 39,821,000 for an­ti­com­pet­it­ive prac­tices in its se­lect­ive dis­tri­bu­tion sys­tem (Case AT.
    21/11/2018
    EU in­sti­tu­tions reach polit­ic­al agree­ment on new EU frame­work for...
    On 20 Novem­ber 2018, ne­go­ti­at­ors for the European Par­lia­ment, the European Com­mis­sion and the Coun­cil reached a polit­ic­al agree­ment on a pro­posed new EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) which will al­low EU Mem­ber States to call for in­vest­ments.
    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.
    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.