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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"The team ‘has a reassuring pragmatic and knowledgeable approach’."

The Legal 500, 2019

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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    Edmon Oude Elferink
    14/05/2019
    AB In­Bev hit with a EUR 200 mil­lion fine for re­stric­tion...
    13/05/2019
    The Ver­dict Risk & In­vest­ig­a­tions
    We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in Chile, in­clud­ing the ex­ten­sion.
    May 2019
    The Ver­dict
    Round-up of cor­por­ate crime de­vel­op­ments across CMS
    16/04/2019
    The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
    On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
    Robert Bosman
    11/04/2019
    Top rank­ings CMS in The Leg­al 500 EMEA 2019
    10/04/2019
    A mixed bill of health for EU loan syn­dic­a­tion
    The much an­ti­cip­ated EU re­port on loan syn­dic­a­tion was pub­lished on 5 April 2019. It was po­si­tioned as a fact-find­ing ex­er­cise, com­mis­sioned by the European Com­mis­sion in 2017 and car­ried out by a third party con­sultancy, to study the func­tion­ing of the syn­dic­ated.
    18/03/2019
    EU law trumps na­tion­al law when de­term­in­ing the en­tity...
    05/04/2019
    European Com­mis­sion pub­lishes re­port on com­pet­i­tion policy for the...
    In­vest­ig­a­tions of ma­jor tech com­pan­ies have fuelled the de­bate re­gard­ing the fit­ness of com­pet­i­tion rules to ad­dress ques­tions about the di­git­al eco­nomy. On 4 April 2019, a spe­cial re­port on com­pet­i­tion policy, com­mis­sioned by EU an­ti­trust chief Mar­grethe Vestager,.
    12/03/2019
    Top rank­ings CMS in Cham­bers Europe 2019
    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.
    04/02/2019
    CMS launches free mo­bile app that provides guid­ance...
    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.