Amsterdam Court of Appeal declared €1.3 billion Fortis collective settlement binding – will the critical observations of the Court have an impact on future use of the WCAM?

Introduction and background of the case On 13 July 2018, the Amsterdam Court of Appeal approved the collective settlement reached in the Dutch mass claims litigation between Ageas (Fortis’ legal successor) and several commercial and non-profit claimant organisations acting on behalf of shareholders of the former Dutch/Belgian banking and insurance group Fortis. Therewith, the settlement agreement becomes binding upon all … Read more

Dutch Supreme Court confirms the availability of a passing-on defence in antitrust damages litigation

On 8 July 2016, the Dutch Supreme Court handed down a judgment concerning an ongoing discussion in antitrust damages litigation: the availability of a “passing-on” defence (ECLI:NL:HR:2016:1483). Dutch courts have taken varying approaches in determining whether an infringer can invoke as a defence against a claim for damages the fact that the claimant was able to raise the downstream prices … Read more

Unbundling Act does not violate European fundamental freedoms – the ‘unbundling debate’, however, still continues

On 26 June 2015, the Dutch Supreme Court decided that the Dutch legislation requiring vertically integrated energy companies to unbundle their network companies from their companies involved in commercial activities is not in violation of EU law. According to the Supreme Court, the prohibitions included in the Unbundling Act restrict the free movement of capital, but are nevertheless compatible with … Read more