Competition law

In practice

Competition law often operates in the background of virtually every commercial relationship, but is the cause of major consequences should things go awry. High fines may be imposed, not just on companies but also on the persons involved. Moreover, agreements contrary to the competition rules are “invalid” and could lead to claims by aggrieved companies or consumers.

Whether they involve strategic joint ventures, distribution or mergers and acquisitions, all agreements are limited by European and national competition rules. In practice, this means for example:

• Competing companies cannot engage in price-fixing or enter into a market-sharing agreement, whether directly or indirectly;
• Distribution agreements may only set general outlines for sales prices, markets or online sales;
• Mergers, acquisitions or joint ventures may have an obligation to report – whether in advance or otherwise – to the ACM, the European Commission or foreign competition authorities.

Contracts

Competition law therefore affects commercial contracts. A proper contract considers not only the agreements between the parties, but also legality. Our specialists can assist in matters including:

• Drafting and assessing distribution, franchise and licensing agreements;
• Structuring joint ventures with regard to purchasing, R&D, production and sustainability;
• Assessment of non-competition clauses and exclusivity clauses.

We will ensure that your contracts are compliant, applying the competition rules as such that they do not just limit your business but at times also prove to be a useful tool. After all, those who understand the rules can cooperate safely and effectively.

Mergers and acquisitions

Every acquisition, merger and long-term joint venture must be assessed to see whether they should be reported to a national or foreign competition authority before they can take place. In the Netherlands, this depends on the turnover of the companies involved. The competition authority assesses whether the intended joint venture would result in too powerful or dominant a player in the relevant markets. Our specialists can assist in matters including:

• Due diligence under competition law regarding mergers and acquisitions;
• Reporting a merger or acquisition to the competition authority and further assistance to companies involved in that process;
• Advising parties that wish to object against concentrations of competitors or suppliers.

Abuse of power

A company with a dominant position on the market must exercise extra care. Any abuse, for example through extremely low prices, refusal to supply or exclusive discounts, could lead to sizeable sanctions. We will advise you on how to responsibly use your market power and how you can take action against competitors abusing their power.

Compliance and prevention

Compliance with competition law starts at awareness within the organisation. We assist companies in matters including:

• Tailor-made compliance programmes;
• Training for commercial teams;
• Practical guidelines for information exchange and market behaviour.

This way you can prevent violations and high fines and demonstrably work towards a culture of compliance, which is a mitigating factor should a supervisory authority ever investigate your company.

Why choose our specialists?

Our lawyers combine in-depth legal expertise regarding European and Dutch competition law with practical experience in varying industries. We translate complex rules into specific, strategic solutions that allow your company to operate safely and effectively.

We are also active within the most important national and international networks in the field of competition law. Our lawyers are affiliated with the Dutch Competition Law Association (VvM) and the Dutch Association for European Law (NVER). We maintain close contact with specialised competition law lawyers in other EU Member States and beyond via TAG Alliances.

This allows us to quickly and expertly assist clients even in cross-border collaborations, international contracts, European obligations to report and state aid files.

Contact details

If you need to ensure that your commercial agreements, joint ventures or acquisition plans remain within the scope of competition law, our specialists can help you by providing clear, practical advice and contracts that will stand firm even when reviewed by the ACM or the European Commission.

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