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Competition & EU

Netherlands

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. There is the additional risk of private enforcement such as substantial (follow-on) antitrust damages claims. Being compliant and implementing effective risk mitigation strategies is key. We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these difficult paths so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets.

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. The lawyers spread across the CMS offices are supported by the CMS EU Law Office in Brussels. The CMS Competition Group has hands-on experience in dealing with the European Commission and all national competition authorities as well as European and national courts. We act for clients in all areas of competition law: cartels, distribution agreements and other agreements comprising horizontal and vertical restraints, abuse of dominance, merger control, private enforcement, state aid, investigations and compliance. Our sector approach helps us understand your business environment and get to grips with your issues. 

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    Dawn Raid

    It can also happen to you or your company: one morning, the government turns up on your doorstep. They want access to your records, they want copies of your computers, they want to ask you and your employees questions. They come at dawn, when the surprise effect is biggest: a ‘Dawn Raid’.

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    Regulated Markets

    Companies that are active in the energy, post, telecommunications, media and healthcare sectors are increasingly confronted not only with European and Dutch competition law, but also with sector-specific regulations and special regulatory authorities. The reason is often the public interest, the utility function or the network character of these sectors.

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    State Aid

    We have a great deal of experience in advising both providers and receivers of state aid, including provinces, municipalities, water authorities, housing corporations, project developers and other enterprises that receive support. State aid involves not only subsidies, but also loans, tax exemptions, guarantees, property transactions, land allocation, PPP, government participation in enterprises, support for sustainable projects or other financial arrangements with enterprises.

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    CMS Dawn Raid App
    July 2019
    CMS Com­pet­i­tion & EU Glob­al Bro­chure
    The CMS Com­pet­i­tion & EU Group is one of the largest com­pet­i­tion teams in Europe and of­fers you the most wide­spread pan-European cov­er­age. With more than 180 com­pet­i­tion law­yers based in 34 coun­tries, our com­pet­i­tion prac­tice is a one-stop solu­tion for cli­ents across Europe and bey­ond through our strong and grow­ing teams in China, Lat­in Amer­ica and Africa. Today’s unlockwind.net­yers are con­tinu­ing a suc­cess­ful track re­cord of more than 50 years’ ex­per­i­ence, cov­er­ing hun­dreds of com­pet­i­tion law cases in­clud­ing many land­mark cases by the EU and na­tion­al courts and com­pet­i­tion au­thor­it­ies.
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    02 April 2020
    Key meas­ures to con­sider in op­tim­ising cash-flow man­age­ment dur­ing the...
    08 April 2020
    CMS Ex­pert Guide to state aid in the EU dur­ing coronavir­us crisis
    Any busi­ness in the world could be af­fected by the coronavir­us (COV­ID-19) pan­dem­ic. For many, ur­gent meas­ures need to be taken to avoid ser­i­ous fin­an­cial con­sequences as a res­ult of these chal­len­ging and un­pre­ced­en­ted times. Against this back­drop, gov­ern­ments are in­tro­du­cing new meas­ures to provide dir­ect fin­an­cial and non-fin­an­cial sup­port to busi­nesses of all sizes. Any such meas­ures need to com­ply with EU State Aid law and many will re­quire ap­prov­al by the EU Com­mis­sion.
    02 July 2020
    EU agrees new class ac­tion re­gime for con­sumer dis­putes
    After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
    31/03/2020
    Dutch ap­plic­a­tion of com­pet­i­tion rules loosened dur­ing Coronavir­us crisis
    27 March 2020
    CMS Ex­pert Guide to com­pet­i­tion law dur­ing coronavir­us crisis
    10 June 2020
    European Com­mis­sion pub­lishes sup­port stud­ies for the eval­u­ation of the...
    The European Com­mis­sion has pub­lished sup­port stud­ies for the eval­u­ation of the Ver­tic­al Block Ex­emp­tion Reg­u­la­tion. The key find­ings in­clude that al­though the VBER and Ver­tic­al Guidelines re­main rel­ev­ant...
    24 March 2020
    Joint activ­it­ies with oth­er FM­CG sup­pli­ers dur­ing Coronavir­us
    26 March 2020
    CMS Ex­pert Guide to sta­bil­isa­tion and re­struc­tur­ing ini­ti­at­ive
    02 June 2020
    Mer­gers: European Com­mis­sion opens in-depth in­vest­ig­a­tion in­to Air Canada's...
    On 25 May 2020, the European Com­mis­sion de­cided to open an in-depth in­vest­ig­a­tion un­der the EU Mer­ger Reg­u­la­tion in­to the ac­quis­i­tion of Transat by Air Canada. The Com­mis­sion is con­cerned that the ac­quis­i­tion...
    18/03/2020
    'Brus­sel zet deur open voor staatssteun' | FD
    25 April 2018
    CMS Ex­pert Guide to mer­ger con­trol law and reg­u­la­tion in the EU
    Are you look­ing for leg­al in­form­a­tion on mer­ger con­trol? This CMS Ex­pert Guide provides you with everything you need to know.
    19 May 2020
    COV­ID-19: European Com­mis­sion’s over­view of State rules and pub­lic ser­vice...
    On 14 May 2020, the European Com­mis­sion pub­lished a work­ing pa­per on the in­ter­pret­a­tion of State aid and pub­lic ser­vice ob­lig­a­tions in the avi­ation sec­tor in the con­text of the COV­ID-19 crisis This...