flib 50 jaar

Competition Law

Regulates economic fair play
Many companies come into contact with Dutch or European competition law. This is often the case with mergers and acquisitions, but in our practice it more often involves the assessment of the so-called exemption regulations, including relevant export and import bans or notice periods. This particularly applies to distribution or agency agreements. It may involve “horizontal or vertical agreements”.

So-called selective distribution with requirements in respect of the interior of, for example, perfumery businesses may be relevant as well. In the case of intellectual property rights, competition law more frequently plays a role in parallel imports, i.e. the import of legally traded goods or services into a market in a country within or outside the EU.

Franchise agreements that often involve self-employed entrepreneurs as a group, sometimes also restrict competition.

An accusation about concerted price increases or other market terms (export bans) may cause you to seek advice on competition law. Government grants to market parties may also constitute unauthorised state aid. Do you have such an objection?

Regulation of competition is considered necessary to prevent abuses of monopolies. Incidentally, ownership of intellectual property rights as a monopoly does not constitute an unlawful infringement of competition. The regulations within the European Union are difficult to comprehend and are of an economic nature. Non-compliance with these rules may nevertheless have serious, and often, financial consequences. We look forward to providing you with advice.

Link: The Netherlands Authority for Consumers and Markets / ACM (formerly NMA) www.acm.nl

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