Dentons Boekel has successfully represented Samskip in obtaining the annulment of a fine imposed by the Netherlands’ Authority for Consumers and Markets (ACM).
According to the Court decision, the ACM was wrong in fining Samskip for the behavior of its former subsidiary Kloosterboer IJmuiden, because the investigation into Kloosterboer IJmuiden’s behavior was not started in time.
The investigation into Kloosterboer IJmuiden was a late spin-off of multiple investigations by the ACM into anticompetitive behavior of its parent company, Kloosbeheer, prior to and after Samskip was a shareholder of Kloosterboer IJmuiden.
The court case spanned more than 2 years. The team at Dentons Boekel was led by Partner Marc Kuijper, Co-Head of the EU Competition practice in the Netherlands, and included associate Pascalle van Overbeek and paralegal Anna Kowalska.