Our Cartel Damages Team has responded to the consultation on the draft legislative proposal to amend the Dutch Civil Code ("Burgerlijk Wetboek") and the Dutch Code for Civil Procedure ("Wetboek van Burgerlijke Rechtsvordering") in accordance with the EU Cartel Damages Directive (Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union). All EU Member States must transpose this Directive into national law by 27 December 2016.
The response is publicly available for download (only available in Dutch). Based on its experience in various follow-on actions (in short: civil law actions for damages in relation to a decision by which a cartel has been established), the Cartel Damages Team has made a number of suggestions in relation to certain aspects of the draft legislative proposal. Topics addressed include the liability of parent companies, the passing-on defence, access to information and limitation periods.
The response has been prepared by Bart Gerretsen, Emma Hameleers, Arnout Koeman, Philip Malanczuk, Barbara Nijs and Herman Speyart.