EU, state aid & competition law
Our team can advise, assist and represent companies, industry associations and governments dealing with competition law issues and proceedings. Our lawyers are pragmatic and will advise on various procedural phases; either preventative or for an existing dispute or risk. Issues with which our lawyers are involved on a daily basis include; European and national competition law, problems with cartels, distribution agreements, co-operation agreements, abuse of a dominant position, merger control and state aid.
Our team will ensure compliance with competition authorities such as the European Commission, the Consumer and Market Authority (ACM) and the Dutch Health Care Authority (NZA). Furthermore, we will represent companies and governments before the national and European courts if legal proceedings arise.
Recent matters
On behalf of the Associations of Albert Heijn Franchisees, Gall&Gall en Etos submitting observations to the European Commission regarding the Vertical Block Exemption Regulation. The observations and concerns were published recently.
Assisting the municipality of Enschede in helping Dutch premier league football club FC Twente with its successful bid to survive a period of prolonged financial distress.
The Advising Dutch healthcare provider Oorwerk on the competition aspects of its acquisition. Our team provided guidance before and during the takeover by Sivantos. The transaction required the approval of the Dutch Healthcare Authority (NZa). Approval was granted on 17 May 2019. The decision and appendices are published on the website of the NZa.
On behalf of the Vereniging Eurospecialité's, drew up a consultation document on the legislative proposal of the Dutch Government to change ERP - external price referencing (Belgium, France, Germany and the UK) by exchanging Germany for Norway in order to lower the prices of pharmaceuticals. Free movement of goods and the Transparency directive on pricing of medicinal products for human use (Directive 89/105/EEG) are at stake.
Acted as legal counsel for the municipality of Enschede in its capacity as creditor of the professional football club FC Twente, who initiated a restructuring plan to restore the long-term viability of the club.
Acted as legal counsel, advising on (European) competition law in relation to the ambulance market in order to ensure a level playing field in which our clients operate.
Acted as legal counsel advising project developers and municipalities on state aid risks in various complex spatial development projects.
Acted as legal counsel advising on undertakings in the pharmaceutical sector on the application of the ‘Falsified Medicine Directive’ and the ‘Delegated Regulation’ which has applied since 9 February 2019. The goal of the new regulation is to prevent the entry of falsified medicinal products into the legal supply chain. One aspect is the application of the rules on the Unique Identifier (UDI) in relation to competition law and the need to maintain the level playing field in which our clients operate, on both European and national level.
Produced an information leaflet and organised in-house training on state aid for both civil servants and the board of the mayor and aldermen of the municipality of Enschede. Ensured improvement in knowledge as to state aid for the different policy areas of the municipality.
Represented Orifarm Denmark in the injunction procedure against Allergan Inc. (USA). This was held before the court of first instance in The Hague on the application of the so called Specific Mechanism (in the treaty on the accession of Poland and the other Eastern European Member States to the EU) on imports of Botox - marketed by Allergan in Poland - to The Netherlands. The case was the first in The Netherlands on this issue and raised a number of issues of EU law: more specifically, the scope of the Specific Mechanism and its interpretation in the broader context of the objectives of the internal market and the obligation of national courts in different Member States to prevent conflicting judgments (ECLI:NL:RBDHA:2017:10574).
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