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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’."

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

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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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    CMS Dawn Raid App
    July 2019
    CMS Com­pet­i­tion & EU Glob­al Bro­chure
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    15/11/2019
    SEW: Recht­s­praak van het Gerecht van de Europese Unie
    Zaak T-894/16, So­ciété Air France/Europese Com­mis­sie
    13 Nov 19
    CMS Guide to Pass­port­ing: Rules on Mar­ket­ing Al­tern­at­ive In­vest­ment...
    08/11/2019
    Mededin­ging­s­recht: Een greep uit de rel­ev­ante ontwikkelin­gen...
    13 Nov 19
    CMS Guide to Pass­port­ing : Rules on Mar­ket­ing Un­der­tak­ings for Col­lect­ive...
    18/10/2019
    SEW: Recht­s­praak van het Gerecht van de Europese Unie
    Ge­voeg­de za­ken T-244/16 en T-285/17, Vikt­or Fe­dorovych...
    05 Nov 19
    Whis­tleblow­ing Dir­ect­ive ad­op­ted by the EU Coun­cil
    On 7 Oc­to­ber 2019, the EU Coun­cil ap­proved the word­ing of the "Dir­ect­ive of the European Par­lia­ment and of the Coun­cil on the pro­tec­tion of per­sons who re­port breaches of Uni­on law", also known as the...
    27 Aug 19
    Con­sumer Products News­let­ter
    In­tel­lec­tu­al Prop­erty and Un­fair Com­pet­i­tion law
    02 Aug 19
    Con­sulta­tion on EC Com­mu­nic­a­tion on the pro­tec­tion of con­fid­en­tial...
    Na­tion­al courts are in­creas­ingly deal­ing with com­pet­i­tion law pro­ceed­ings brought by con­sumers and com­pet­it­ors, so-called private en­force­ment pro­ceed­ings. Un­like com­pet­i­tion au­thor­it­ies, these private...
    19 Aug 19
    Big data ana­lyt­ics means big bucks for es­ports
    17 Jul 19
    Li­cense re­quire­ment for crypto-ser­vice pro­viders off the table in...
    Based on ad­vice from the Dutch Coun­cil of State (Raad van State), law­makers in the Neth­er­lands have re­placed a pro­posed li­cense ob­lig­a­tion with a re­gis­tra­tion re­quire­ment for crypto-ser­vice pro­viders....
    July 2019
    CMS Dawn Raid Re­sponse Team
    27 May 19
    AB In­Bev hit with a EUR 200 m fine for re­strict­ing cross-bor­der sales
    On 13 May 2019, the European Com­mis­sion fined AB In­Bev EUR 200 mil­lion for ab­us­ing its dom­in­ant po­s­i­tion on the beer mar­ket by re­strict­ing cross-bor­der sales of its products. As an ex­ample of the Com­mis­sion's...