Last Updated June 13, 2019

Law and Practice

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Nysingh Advocaten-Notarissen N.V offers its international clients a full range of legal services, with over 95 lawyers dedicated to building trust and developing business through responsiveness, accessibility and thorough, practical knowledge of clients’ industries and markets. The eight lawyers in its EU and competition law team advise on all competition law matters, including co-operation agreements, distribution systems and merger control in a variety of business sectors. The team has particular experience of defending companies in cartel investigations and structuring financial arrangements in accordance with state aid law and state aid notifications to the European Commission. It also advises on import barriers, especially in the food sector. The firm is part of one of the world’s largest legal networks, TAGLaw, with a presence in more than 90 countries around the world through 155 firms.

Private enforcement actions regarding cartels can be based on Article 6(1) of the Act in combination with clauses of the Dutch Civil Code like Article 6:162 (on tortious acts). The Private Competition Law Enforcement Implementation Act of 25 January 2017 implemented EU Directive 2014/104 and introduced new provisions for the private enforcement of infringements of Article 101 of the TFEU. These are laid down in Articles 6:193k-6:193t of the Dutch Civil Code.

The conditions precedent for a successful claim on the basis of Article 6:162 of the Dutch Civil Code are that there has to be an unlawful breach of Article 6(1) of the Act, which breach bears a causal link with the damages the claimant has suffered.

For a more detailed discussion of these conditions see 5 Private Civil Litigation Involving Alleged Cartels, below.

Nysingh Advocaten–Notarissen N.V

Burg. Roelenweg 11
8021 EV Zwolle

+31 (0)88 752 00 00

info@nysingh.nl www.nysingh.nl
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Authors



Nysingh Advocaten-Notarissen N.V offers its international clients a full range of legal services, with over 95 lawyers dedicated to building trust and developing business through responsiveness, accessibility and thorough, practical knowledge of clients’ industries and markets. The eight lawyers in its EU and competition law team advise on all competition law matters, including co-operation agreements, distribution systems and merger control in a variety of business sectors. The team has particular experience of defending companies in cartel investigations and structuring financial arrangements in accordance with state aid law and state aid notifications to the European Commission. It also advises on import barriers, especially in the food sector. The firm is part of one of the world’s largest legal networks, TAGLaw, with a presence in more than 90 countries around the world through 155 firms.

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