Demi van den Berg is an attorney in the field of (European) competition law and sector-specific regulation. In her daily practice, she particularly focuses on cartels, vertical (distribution) agreements, abuse of dominance, merger control and foreign direct investments. Demi also regularly advises on consumer protection law and other European law topics, such as the fundamental freedoms and the Services Directive.

Demi has a particular affinity with digital markets and the media, telecoms, travel and sports sector. She represents companies in both civil (interim relief) proceedings and administrative proceedings at national and European level. This has given her in-depth expertise in Dutch administrative (procedural) law and experience with various regulatory authorities, including the Dutch Authority for Consumers and Markets (ACM), the European Commission, the Human Environment and Transport Inspectorate (ILT), as well as the Dutch investment screening authority (BTI).

Prior to joining bureau Brandeis, Demi followed the master’s specialisation European Business Law at the Radboud University Nijmegen. With her thesis on the Digital Markets Act, Demi obtained her master’s degree summa cum laude in 2021. During her studies, Demi worked as a clerk at the District Court of Gelderland and worked as a teacher in the Jurisprudence Department of the Faculty of Law in Nijmegen.

In 2019, Demi won the European Law Moot Court Competition. In this prestigious competition for European Law, she successfully pleaded before the judges of the European Court of Justice in Luxembourg and consequently undertook an internship in the chambers of Advocate-General Bobek.

Demi is a member of the Dutch Competition Law Association (Vereniging voor Mededingingsrecht) and the Association for Investment Screening (Vereniging voor Investeringstoetsing).

Relevant experience

• Assisting target companies Vierhouten/DWP in the ACM’s second-phase merger investigation, leading to unconditional clearance for their acquisition by Foresco, in which the ACM first applied the new ‘stringing beads’ theory of harm;
• Advising and assisting various high tech companies in preparing and submitting notifications under the Dutch Foreign Direct Investment Screening Act (Wet Vifo) to the BTI;
• Obtaining second phase unconditional merger control clearance of the ACM for mobile virtual network operator Youfone in relation to its acquisition by incumbent operator Royal KPN;
• Winning on behalf of ice-skaters Mark Tuitert and Niels Kerstholt and sports trade union EU Athletes a landmark case before the Grand Chamber of the Court of Justice in Luxembourg in relation to a decision of the European Commission on the admission rules of the International Skating Union (ISU) and the role of the Court of Arbitration for Sport (CAS);
• Assisting a third party in the Booking/eTraveli merger before the European Commission, ultimately resulting in EU veto;
• Successfully representing various travel companies in consumer protection enforcement proceedings by the ACM, amongst others leading to suspensions and the first time the ACM ever handed out a symbolic fine of € 1.000,-;
• Representing a travel company in objection and appeal proceedings before the Human Environment and Transport Inspectorate (ILT), resulting in a reduction of fines by more than 90%;
• Succesfully objecting the decision of the Minister of Infrastructure and Water Management to deny a party active in the sale of drones access to the market.