This is the second bureau Brandeis quarterly report on the developments in the area of cartel damage litigation. In this summary we concentrate on follow-on and stand-alone cases in relation to cartel damage cases as well as damage caused by abuse of a dominant position in the market.

We focus on Europe and the United States. Within Europe, the Netherlands, the UK and Germany are the jurisdictions where most cases take place and they therefor receive the most attention. We only touch on developments outside Europe and the United States if we deem them to be relevant. For example, in this Quarterly we will discuss an Israeli case (p. 7) as it provides a relevant insight in European case-law.

On the other hand, we mention the case of South Africa’s Supreme Court of Appeal under ‘Private enforcement in cartel damages claims, case-law’ to show that leniency rules are not applied in the same way everywhere in the world. In Europe, parties that use the leniency programme are not immune from follow-on claims, which apparently is the case in South Africa. This is a discussion that is currently also taking place in Europe. The use of the leniency programme is very important for the Commission’s policy as it increases the ability to round up cartels. On the other hand, cartel participants have noticed that this may make them more vulnerable to follow-on claims, which significantly reduces their enthusiasm to use such programmes.

South Africa also shows up in another way. At ‘Developments regarding public law aspects of cartel damages’ we see that President Zuma has promulgated legislation to facilitate the enforcement of the competition legislation. This legislation has introduced the possibility to give de facto persons in charge prison sentences of as much as 10 years.

We trust that this summary is of use to you. We would welcome any additions to or comments on this message.

You may download our quarterly report here.

Dutch litigation firm bureau Brandeis with support from The Netherlands Embassy in Washington DC, presents a practical primer on the opportunities the Netherlands has to offer to foreign lawyers and parties seeking effective solutions of international (financial) disputes.

Despite continuous harmonization efforts, the European Union is a patchwork of widely varying legal systems, with no clear ‘federal’ statute facilitating EU wide litigation solutions. The pending Brexit only increases the complexities of bringing suits against defendants throughout the EU. For plaintiffs and their lawyers, seeking efficient resolution of a dispute for which an EU country may offer jurisdiction, substantial hurdles may be perceived, even if the damage is substantial and the tort is clear.

Dutch litigation experts will set out the opportunities the Netherlands offers to US and other foreign law firms, to export their cases to the EU through the Netherlands, while keeping control of the case, by:

• Reproducing US class settlements throughout the EU, through follow-on proceedings before the Amsterdam Court of Appeals with universal effect in the EU;
• Bringing antitrust cases before a Dutch court, for the damage caused throughout the EU;
• Court proceedings carried out fully in English, on EU soil even post Brexit, with the introduction of the Netherlands Commercial Court as per January 1, 2017.

Program

5.00 pm: doors open

5.30 pm:

• Word of welcome from the Dutch Embassy in Washington DC
• “Introduction to EU litigation in the Netherlands”, President of the Dutch Bar, Bart van Tongeren
• EU Antitrust litigation after Brexit, Hans Bousie, bureau Brandeis
• The European answer to US class action settlements, Frank Peters, bureau Brandeis

6.30-7:30 pm: drinks

Organizer: bureau Brandeis – www.bureaubrandeis.com

Questions: Hans Bousie, hans.bousie@bureaubrandeis.com / +31 650270097

This is the first bureau Brandeis quarterly report on the developments in the area of cartel damage litigation. You may download our quarterly report here.

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Professor Paul Geerts is of counsel at bureau Brandeis.

Paul is an internationally acclaimed Professor in Intellectual Property Law at the University of Groningen (Rijksuniversiteit Groningen). Earlier in his academic career he specialized in corporate law issues.

His academic work consists of more than 180 publications. Among other works, Professor Geerts is the author of the textbooks  Protection of Intellectual Property (Bescherming van de intellectuele eigendom) and Some Procedural Aspects of the Right of Enquiry (Enkele formele aspecten van het enquêterecht).

In addition he is an editor for well-known periodicals and law reviews.

Professor Geerts contribution to bureau Brandeis is of tremendous value. All our attorneys call upon him to benefit from his encyclopedic knowledge. He revises draft court briefs and sharpens the legal strategy. Professor Geerts is often called upon to give second opinions to attorneys of other firms. Furthermore he can submit legal opinions in order to support a specific viewpoint in a pending procedure. Paul often hosts in-house seminars for clients of bureau Brandeis.

In addition to his work as Professor and of counsel, Professor Geerts works as deputy judge for several courts.

Three partners and their staff will join bureau Brandeis as of 1 September 2014, thus bringing new practice areas to the firm: corporate litigation, commercial litigation and cassation appeals.

This expansion gives bureau Brandeis a position unrivalled in the Netherlands. No other firm with a focus on litigation offers such a wide range of services.

This expansion, part of bureau Brandeis’s aim announced earlier of offering first-class litigation in a wider field, was preceded by another addition to the firm: Hans Bousie and his team.

The teams
The three new partners, Jozua van der Beek, Louis Berger and Frank Peters, are undisputed authorities in their fields of expertise. Until now, they were all partners at Spigt Litigators. Before that

Van der Beek was affiliated with De Brauw Blackstone Westbroek. Together, the new partners have unique knowledge and experience in the field of litigation.

The teams of Van der Beek, Berger and Peters are completed by their staff members Floor Eikelboom, Rieneke Reijnen, Michelle Krekels, Jonas Verheul and Marije Hazenberg and secretaries Diana Wildeboer and Desiree Versteeg.

Christiaan Alberdingk Thijm and Hans Bousie: “We’re really looking forward to working with our new partners Frank, Jozua and Louis. As we join forces with these partners and their practices, a process that we have been working on behind the scenes for quite some time nears completion. For us, this is the true start of bureau Brandeis. Further expansion in the near future is definitely not ruled out.”

Frank Peters and Louis Berger: “We choose litigation and the side of the challenger. Our position in proceedings against the government, regulators, big banks and accounting firms is completely unfettered. This gives bureau Brandeis a unique, independent position in the market.”

About the new partners
With twelve years of experience in civil cassation practice, Jozua van der Beek is a top-notch cassation lawyer.
Louis Berger specialises in corporate and commercial litigation, including inquiry proceedings before the Enterprise Chamber, directors’ and officers’ liability proceedings and insolvencies.
Frank Peters specialises in disputes between shareholders of both listed and unlisted companies, with a particular interest in hedge funds.

About bureau Brandeis
bureau Brandeis is a boutique litigation practice focusing on commercial legal practice. The firm works in the following practice areas: corporate litigation, commercial litigation, media & entertainment, internet & technology, public policy, compliance and cassation. Strategic litigation leading to well-defined societal developments is an essential aspect of the entire practice.

For journalists

• For questions, please contact Christiaan Alberdingk Thijm (0031 6 – 2501 7235), Frank Peters (0031 6 – 51054 668), or bureau Brandeis (0031 20 – 760 6505).
• Portrtaits of the partners are available: Christiaan Alberdingk Thijm (web/print) Jozua van der Beek (web/print), Louis Berger (web/print), Hans Bousie (web/print) and Frank Peters (web/print), as are logo’s (web/print) and an illustration of the site.
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