Your partner in Cartels & Abuse of Dominant Position

What Does Cartel & Abuse of Economic Dominance Involve?

Cartel & abuse of economic dominance constitute the main pillars of competition law. These European and national competition rules aim to promote competition and protect consumers from, for example, excessive prices or insufficient choice. The principle is that businesses should determine their market behaviour independently of one another.

Cartel Prohibition

The cartel prohibition forbids agreements between businesses and decisions by trade associations that may restrict competition. Classic examples include price-fixing, market allocation, and agreements aimed at limiting production capacity. Such arrangements between competitors are almost always prohibited.

Increasing attention is also being paid to the exchange of competition-sensitive information, which is increasingly viewed as restrictive to competition. Less well-known is that agreements in distribution, agency, and franchise contracts also fall under the cartel prohibition, such as agreements on exclusivity, selectivity, non-compete, and restrictions regarding online sales.

Abuse of Economic Dominance

A company with an economic dominant position has a particular responsibility not to abuse that position. Holding a dominant position is not prohibited in itself, but abusing it is. Examples of abuse include refusal to supply, imposing excessively high or low prices, unreasonable contract terms, and tying.

The Authority for Consumers & Markets (ACM) and the European Commission supervise compliance with these rules. Violations can be costly for a company – fines can quickly run into millions, and agreements may be deemed void.

What Is Our Experience with Cartel & Abuse of Economic Dominance?

Our competition law specialists have extensive experience in handling complex cartel and abuse cases. Our expertise includes:

• Cartel law and competition agreements – We assist companies in preventing and addressing cartel formation and anti-competitive agreements
• Abuse of economic dominance – Advice and legal support in cases involving refusal to supply, discriminatory pricing, and unreasonable contract terms
• ACM investigations and penalty procedures – Legal support during investigations by the Authority for Consumers & Markets and in contesting fines
• European Commission procedures – Guidance on investigations and proceedings at the European level, with extensive experience in Brussels
• Follow-on damage claims – Defence against and initiation of claims arising from competition law infringements
• Compliance programmes – Development of tailor-made compliance programmes to minimise competition law risks
• Distribution and franchise agreements – Legal review of commercial contracts for competition law aspects, including exclusivity arrangements and online sales restrictions
• Dawn raids and searches – Immediate assistance during inspections by regulators and preparation for potential investigations
• Sector-wide knowledge – Experience across sectors such as automotive, food industry, IT, construction, and real estate

Our lawyers have successfully handled cases in cartel matters, abuse cases, and follow-on damages claims. We continuously invest in keeping our legal knowledge up to date and remain informed of current market developments and case law.

When Should I Engage a Lawyer with Expertise in Cartel & Abuse of Economic Dominance?

Engaging a competition law lawyer is advisable in various situations:

Suspicion of Cartel Formation:

• If you suspect competitors are making price agreements among themselves
• If there are indications of market allocation or production limitation between competitors
• If there is doubt about the permissibility of information exchange within your sector
• If you wish to join or leave a trade association

Dominant Positions and Distribution:

• If your company holds a dominant market position and you wish to prevent behaviours being deemed abusive
• When drafting or reviewing distribution, agency, or franchise agreements
• If you intend to implement exclusivity arrangements or online sales restrictions
• In cases of refusal to supply or applying different prices for different customers

Regulator Actions:

• If the ACM or European Commission opens an investigation into your company
• In case of an announced inspection (dawn raid) by regulators
• If you have received a penalty decision and wish to contest it
• If you are considering leniency requests in the context of a cartel investigation

Damage Claims:

• If your company is being held liable for alleged damage due to competition law infringements
• If you have suffered damage from the cartel behaviour of others
• When assessing potential follow-on claims after cartel proceedings

Preventive Advice:

• For drafting compliance programmes and internal guidelines
• In merger and acquisition procedures to assess competition law aspects
• If you are considering new partnerships or joint ventures

How Do We Work?

Our competition law lawyers adopt a strategic and results-oriented approach to best protect your interests. Our working method is characterised by:

• Quick response and analysis – In urgent situations such as dawn raids or ACM investigations, we respond immediately. We quickly analyse the legal position and provide practical advice on the steps to take.
• Thorough preparation and strategy development – We start with a comprehensive analysis of your specific situation, market position, and relevant competition law aspects. Based on this, we develop a tailored legal strategy.
• Proactive compliance guidance – In addition to reactive action, we help you prevent competition law issues by developing compliance programmes and training your staff.
• International collaboration – Through our European network of 27 specialised law firms, we can also support you in cross-border competition matters and European Commission proceedings.
• Transparent communication and cost control – Throughout the process, we keep you informed of developments, potential risks, and next steps. We ensure clear agreements on costs and procedures.
• Integrated approach – Our competition law lawyers work closely with other specialists in our firm to provide a comprehensive solution aligned with your broader business strategy.

Why Choose Our Lawyers with Experience in Cartel & Abuse of Economic Dominance?

• Specialised expertise with international experience – Our lawyers have extensive experience in Brussels, The Hague, and Amsterdam, and master both national and European competition law
• Proven track record in complex cases – We have successfully handled cartel proceedings, abuse cases, and follow-on damage claims in various sectors
• European network – As the Dutch partner of the Distribution Law Center, we have access to 27 specialised European law firms for cross-border matters
• Practical and results-oriented approach – We deliver high-quality legal services with a focus on practical solutions and measurable results
• Sector-wide knowledge – Our expertise spans automotive, food industry, IT, construction, and real estate sectors
• 24/7 availability in urgent situations – We are immediately available for dawn raids and other urgent competition matters
• Compliance and prevention specialist – We assist not only in proceedings but also in preventing issues through tailor-made compliance programmes
• Transparent communication – Clear agreements on fees, procedures, and expectations with no surprises
• Integrated services – By collaborating with other lawyers within our firm, we can address complex corporate legal issues in a comprehensive manner
• Recognised expertise – Our department has been recommended since 2016 in the leading Legal 500 publication for our practical and pragmatic approach
• Client-focused approach – We listen to your specific needs and objectives and tailor our strategy accordingly

With us, you are assured of professional support in the field of cartel & abuse of economic dominance. Contact our lawyers from the Competition and Regulation department for more information or to schedule a no-obligation consultation.