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In Competition Policy International, Jolling de Pree
and Daan Beenders comment on the latest developments in cartel
damages in the Netherlands. While the European Commission is making
progress on the cartel damages Directive, the Netherlands appears
to have developed into an attractive jurisdiction for cartel
damages proceedings.
Dutch courts seize jurisdiction easily and legal costs are
capped. Furthermore, most Dutch courts intend to keep up the pace
in proceedings.
Damages actions are currently pending in the Netherlands against
cartels in regard of paraffin wax, sodium chlorate, elevators,
airfreight, gas insulated switch gearand beer. Below, a
non-‐exhaustive overview is provided of how Dutch courts have
dealt with cartel damages claims so far.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.