Contributed By Nysingh Advocaten-Notarissen N.V
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.