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Part II The Member State Reports on Transposition of the Directive, 13 The Netherlands

Jeroen Kortmann, Simon Mineur

From: The EU Antitrust Damages Directive: Transposition in the Member States

Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Damages — Application of EU competition rules — National Competition Authorities (NCAs) — Jurisdictions — State and competition law

This chapter focuses on the transposition of the Antitrust Damages Directive in the Netherlands. It first provides a general overview of the transposition procedure, taking into account the Dutch private enforcement context. In particular, it examines how the Directive was transposed into Dutch law, beginning with the Proposal of Law and culminating in the ‘Implementation Act’ that entered into force on 10 February 2017. The chapter goes on to discuss the structural choices made by the Dutch legislature in implementing the Directive's provisions, paying special attention to the scope of the Dutch transposition of the Directive, before analysing specific issues that arose during the transposition, including those relating to the ‘no exemption’ provision for Dutch farmers, limitation periods, effects of National Competition Authorities' final infringement decisions, disclosure and protection of documents, evidentiary presumptions on damage and passing-on, joint and several liability, liability of parent companies, and collective redress.

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