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CMS successfully represents CRV: the NMa penalty is unjustified

15/10/2010

CMS Derks Star Busmann has successfully represented CRV in proceedings against the Netherlands Competition Authority [Nederlandse Mededingingsautoriteit] ("NMa").

CRV, the parent company of CR Delta, a breeders' organisation, is an international company that operates internationally in the field of cattle improvement. In 2003, the NMa imposed a penalty of EUR 2.6 million on CRV, alleging that the latter's discount arrangements had a foreclosure effect and that CRV was thus abusing its market power.

A case that has been pending for years was finally decided on 7 October 2010 with the decision rendered by the Trade and Industry Appeals Tribunal [College van Beroep voor het Bedrijfsleven] on CRV's appeal. CRV was very satisfied with the Tribunal's holding that the penalty was unjustified because CRV's discount arrangements did not restrict competition as the NMa had alleged.

Robert Bosman acted as CRV's counsel in these proceedings.

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Robert Bosman
Partner
Amsterdam