Author

Frank Kroes

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The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…

Join Baker McKenzie for a webinar on “Looking Ahead: Class Actions and Consumer Claims in 2021” to be held on Thursday, 14 January 2021 at 14:00 UK / 15:00 CET. The rapid expansion of class actions outside of the US has brought new risks for global multinationals and a renewed need to consider strategies when defending against claims across jurisdictions. A panel of international specialists from Baker McKenzie, along with our guest speaker, Andrew Hildreth, Senior Managing Director of Ankura,…

Although the imposition of fines is a significant – and, perhaps, the most obvious – risk for parties involved in a competition law violation, it is not the only risk associated therewith. Even if no fine – or a fine of EUR 0 – is imposed on a party, it may still wish to bring actions against the infringement decision to mitigate other potentially adverse consequences. The Dutch Trade and Industry Appeals Tribunal (College van…

The global outbreak of the Corona virus (Covid-19) is having a disruptive effect on businesses, individuals and the society at large. The outbreak also effects the ability of many businesses to (continue to) perform their obligations under commercial contracts. In this publication, we discuss the legal implications of the Corona virus outbreak on performance under commercial contracts which are governed by Dutch law. Specifically, we distinguish between commercial contracts that contain specific provisions on which…

The Netherlands is a popular jurisdiction for competition litigation, and recent developments may also attract collective claimants to bring their claim in the Netherlands on behalf of a group of ‘victims’ of an infringement of competition law. Since 1 January 2020, the ‘Act on a Collective Action for Damages’ is in force. The EU Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (No. 1215/2012) applies in The Netherlands.…