Competition & Market Regulation
Where businesses compete, the one company’s gain is the other company’s loss; and there is nothing wrong with that as long as there is a level playing field and the starting points of those competitors are the same, so that the free market system can work properly. Especially in markets where the number of players is limited, price-fixing and market allocation agreements, concerted practices of dominant players and concentration of market power can distort the free market. That is why regulators, aiming to protect the free market and promote consumer interests take action by carrying out inspections and fining businesses for anti-competitive practices. The risks that businesses run are a significant factor in deciding on their strategy, as well as in day-to-day operational and commercial decisions.
The government can also disrupt the workings of the free market. Where it competes with businesses, it should also abide by the rules. In health care and telecommunications, regulators focus on accessibility and affordability. This interesting legal playing field is our specific expertise.
The attorneys of Kneppelhout know what it is like to deal with regulators, they understand the interests of businesses and know the international environment in which most competition issues arise. They have ample experience in competition cases, including compliance programs, (cartel) litigation, civil damages claims and merger filings. They also assist during and following inspections by competition authorities. They know from experience what the steps in a (dawn) raid are and what you should do, for example to prevent reputational damagesor civil claims. For cases in which cross-border aspects play a role, Kneppelhout & Korthals N.V. is part of the Antitrust Alliance, an international network of renowned competition lawyers from independent law firms covering 23 EU Member States. The Antitrust Alliance ranks in Band 1 of Chambers Europe.
Clients and cases
- Assisting a kitchen equipment wholesaler in regulating its online sales
- Assisting a technical wholesaler in changing the Europe-wide distribution system
- Assisting a food product wholesaler in monitoring whether a competitor is complying with the remedies imposed by the European Commission
- Filing notifications on takeovers and joint ventures in the food products and construction sectors
- Assisting a repair and maintenance business in obtaining access to the refrigerator container service network
- Assisting in a civil action against a claim based on cross-selling (milking equipment and aftermarket services)
- Instituting proceedings based on abuse of a dominant position (excessive prices, unreasonable terms and conditions, delayed deliveries)
- Assisting a port-based company in a cartel investigation
- Assisting a cold-storage warehouse in a cartel investigation
- Assisting a business in the agricultural sector in a cartel investigation
- Assisting a trade association in filing a notice of objection to a merger
- Conducting legal proceedings for a nature conservation organisation about the question of whether a grant for purchasing land is state aid
- Advising the Chamber of Commerce on the question as to whether specific activities are governed by state-aid rules
- Advising a local authority on the question of whether payments qualify as state aid
- Successfully represented hospitality service provider in a civil procedure with competition law elements, regarding the infringement of an industry protection clause.
The areas in which we can assist you:
- Competition Law
- Health Care Market Regulation
- Telecommunications Law
- Consumer Law
- European Law