From Administrative Sanctions to Civil Claims
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.
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.
Houthoff’s expertise in Competition Litigation and Private Enforcement
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.
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.
