Damages claims

Competition law infringements can cause harm to competitors, customers and/or consumers. Under European competition law, anyone who has suffered damages as a result of such a competition infringement is entitled to be fully compensated.

A civil claim for damages based on competition law can stand on its own (stand-alone) or be brought after an infringement decision by a competition authority (follow-on). In the latter case, the illegality has already been established so that the claimant does not have to (economically) substantiate the unlawfulness of the conduct itself. The European Cartel Damages Directive sets out the procedure for national courts, which applies to all EU Member States. It for example introduces the (rebuttable) presumption that a cartel causes damages.

The Netherlands is a popular jurisdiction for damages proceedings. For the competition practice of bureau Brandeis, this means a great emphasis on these types of proceedings. Due to our extensive in-house expertise in collective actions, competition law, international jurisdiction, estimation of damages and attribution, we are often engaged by top-ranked foreign law firms and are involved in most of the currently pending major civil follow-on (cartel) damages cases.

Do you have questions about competition damages claims? Please contact one of our specialists below.