Competition Litigation

Damages claims resulting from violations of EU and national competition law play an increasingly prominent role in the context of company liability. Competition law is no longer used solely by competition authorities to impose administrative sanctions, but also in private enforcement proceedings by private parties under civil law.

A number of key judgments of the European Court of Justice, new legislative initiatives and a growing awareness among injured parties of the possibility to claim compensation have all contributed to this development.

"A client says: 'The personal connection between the people in both our companies inspires the feeling that Houthoff is there for us and fighting on our behalf.'"
Chambers Global & Europe, Dispute Resolution (2023 Edition)
"Hand on my heart, it is my go-to team for anything in Europe and specifically in the Netherlands."
Chambers Global & Europe, Dispute Resolution (2023 Edition)
"A client mentions that Houthoff has 'a very strategic view and gives us support beyond pure legal advice. The firm always has the commercial side of the matter in mind as well. Houthoff is not concerned with merely winning in court, but with making the right decisions for us in the long term.’"

Legal 500, Dispute Resolution: Commercial litigation (2023 Edition)
First Tier firm
Chambers Global & Europe, Dispute Resolution (2022 Edition)
“A client specifies that ‘the quality is good, the lawyers are responsive and they understand both the legal issue and the business’.”
Chambers Europe, Dispute Resolution (2022 Edition)
“Houthoff's services are at a very high level.”
Chambers Europe, Dispute Resolution (2022 Edition)
“A client describes the team as ‘highly responsive, committed and with great insight and knowledge’.”
Chambers Europe, Dispute Resolution (2022 Edition)
“The lawyers have knowledge of the market and will be able to give you the pragmatic advice needed.”
Chambers Europe, Competition/European Law (2020 Edition)
“A client describes the team as ‘accurate, fast delivering and proactive.’”
Chambers Europe, Competition/European Law (2020 Edition)
“Clients value the ‘tailor-made solutions’ provided, alongside the team’s ‘holistic approach’ and ‘commercial understanding.’”
Chambers Europe, Competition/European Law (2019 Edition)
“They are really good at immediately identifying the problems and coming up with practical solutions.”
Chambers Europe, Competition/European Law (2019 Edition)
“Sparring partners who have a lot of trial experience and the ability to assess risks.”
Chambers Europe, Dispute Resolution (2019 Edition)
“One client says: ‘The team is excellent and the quality of work is outstanding,’ and adds that the lawyers are ‘very technical, objective and clear and deliver high-quality services.’”
Chambers Europe, Dispute Resolution (2019 Edition)
First Tier firm
Chambers Global, Dispute Resolution (2019 Edition)
“Praised for its ‘sound industry knowledge and professionalism’ Houthoff’s team further stands out for its ‘specific industry knowledge and high-quality associates.’”
Legal 500, EU and Competition (2019 Edition)

Nowadays, companies that have been fined by a competition authority need to give serious consideration to the possibility that collective ‘follow-on actions’ by injured parties may ensue in the civil courts. The Netherlands has one of the most popular legal systems for bringing such collective follow-on claims. These claims can have a real impact on operations and further damage the reputations of the companies concerned. Preventing or minimising such follow-on damage requires carefully considered litigation and negotiation strategies, as well as legal and financial expertise.

Our experienced Competition Litigation Team has the necessary skills, knowledge and experience in these areas. They work closely with the client to determine the best strategy for bringing the case to a satisfactory close. Where necessary, they also engage the assistance of our experts on substantive competition law.

Highlighted Matters
Houthoff is defending a major European truck manufacturer against several cartel damages mass claims submitted by claim vehicles allegedly representing haulier companies.
Highlighted Matters
Representing Kemira in private enforcement proceedings initiated by the mass claim vehicle Cartel Damages Claims (CDC) as a follow-on to the sodium chlorate cartel.
Highlighted Matters
Car importers usually appoint two types of repairers: those that also sell new vehicles on the basis of a dealer agreement and stand-alone repairers, that only repair vehicles. Obviously, the temptation for the latter to also sell new vehicles is big. In a recent case, where a Hyundai repairer sold new vehicles without a dealer agreement, the importer terminated the repairer agreement for cause. The repairer subsequently challenged the validity of the termination, arguing that he acted as an intermediary. Houthoff successfully defended the position of the Hyundai importer; the termination was upheld.
Highlighted Matters
Represented a South Korean listed electronics manufacturer in its defence against several cartel damages claims submitted by major CRT purchasers regarding the manufacture of television screens and computer monitors.

Our experts are also called upon to assist in ‘stand-alone cases’: cases brought before the civil courts based on a violation of the competition rules, without the violation first being established by a competition authority in administrative proceedings. This involves not only damages claims, but also, for example, actions to access a particular distribution system or to end an abuse of dominance.

Houthoff’s Competition Litigation Team is involved in many of the foremost follow-on and stand-alone cases concerning private enforcement currently before the Dutch courts. A list of the most recent is provided above.