Much of our domestic legislation and regulation traces back to EU law made in Brussels, the seat of the European Union. AKD has a team on the ground that is on top of EU law, competition law and market surveillance.
We combine a pragmatic approach with a scientific way of working.
We advise and litigate in areas of EU law that matter most to authorities as well as companies, such as competition law, state aid law and the law regulating the free movement of goods, persons, services and capital. We also specialize in domestic competition law and the Dutch Public Enterprises (Market Activities) Act (Wet markt en overheid). Our national and international clients include medium-sized and large companies, public authorities, public-law institutions, foundations and associations. We assist them before domestic courts and the EU Court of Justice.
We combine a pragmatic approach with a scientific way of working, providing solution-focused advice when a problem arises. In addition, we publish in legal journals, write annotations to judgments and closely monitor relevant developments. This interaction between science and the legal practice gives us a better understanding and mastery of law, which can make the difference between winning and losing a case.
Competition law Competition law seeks to ensure effective competition between companies and therefore prohibits certain practices that restrict competition. The European Commission and the Netherlands Authority for Consumers and Markets can impose high fines for violations of competition law. We can advise you on the prohibition of cartel practices and the prohibition of abuse of a dominant position. We also supervise merger controls at the competition authorities and are involved in compensation proceedings.
State aid State aid concerns the practice by the state of adopting measures that confer a financial advantage on undertakings. State aid covers direct subsidies as well as indirect measures as part of which public authorities enter into transactions that are not in line with market practices and favour certain undertakings. Our specialists can assess whether State aid is involved and whether it should be reported to the European Commission. We also handle applications for State aid and assist in a Commission investigation into possibly prohibited State aid.
Free movement The internal market pivots on the principle that you, as an entrepreneur, should be hampered as little as possible by domestic provisions when conducting cross-border trade. Although EU Member States do enjoy a degree of legislative freedom, any provisions they adopt must pass the tests of proportionality and subsidiarity. If your undertaking is disproportionately affected by such measures, we will champion your rights.