Private Antitrust Litigation in The Netherlands

Europees en mededingingsrecht Litigation & Arbitration Mededinging en marktregulering

27 juli 2023

Jotte Mulder

Willem Heemskerk

Sanne Jonkheer

Jotte Mulder, Sanne Jonkheer and Willem Heemskerk have provided the Dutch chapter for the 2024 version of the Getting the Deal Through - Private Antitrust Litigation guide. This chapter contains local insights into private antitrust litigation, including Dutch policies and track record, relevant Dutch authorities and implementing legislation, Dutch schemes and any specific developments within the field and many more.

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The Netherlands has traditionally been seen as an attractive jurisdiction for bringing damages claims in competition cases. The number of claims being brought in the Netherlands may increase even further in the coming years owing to the possibility to litigate in English at the Netherlands Commercial Court (NCC), and to the Collective Settlement of Mass Damages Act, which entered into force on 1 January 2020.

In recent years, several (interim) judgments have been rendered in ongoing private cartel damages cases in the Netherlands. This trend persisted in 2022, when there were seven new judgments by Dutch courts in follow-on cases, including a judgment in a follow-on abuse of dominance case.

This quick reference guide enablies side-by-side comparison of local insights into development of private antitrust litigation and applicable legislation; availability of private actions; private action procedure; collective actions; remedies; and recent trends.

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Reproduced with permission from Law Business Research Ltd. This article was first published in Lexology GTDT – Private Antitrust Litigation. For further information, please visit: https://www.lexology.com/gtdt.