The Netherlands’ legal landscape regarding the private enforcement of competition law has evolved over recent years. Increasing numbers of civil liability cases on the basis of (alleged) competition law infringements have been brought before the Dutch civil courts.
The Dutch legal framework for cartel damages claims consists of the general rules regarding liability for wrongful conduct (tort). Under the implementation of EU Directive 2014/104/EU on antitrust damages actions, the Dutch government is implementing a number of amendments to the Dutch Code on Civil Procedure and the Civil Code with the aim of further developing and tailoring Dutch civil law to these private damages claims. The implementation deadline of the Directive is set for December 2016.