Martijn Van de Hel
Europe Guide 2024
Band 3 : Competition/European Law
Email address
[email protected]Contact number
+ 31 20 238 2002Share profile
Band 3
About
Provided by Martijn Van de Hel
Practice Areas
Martijn van de Hel has comprehensive experience of European and Dutch competition law. He has advised businesses in many sectors on different forms of collaboration such as joint ventures, distribution and franchise agreements and purchasing combinations. He also has considerable experience in leniency applications and with dawn raids and cartel investigations by the Authority for Consumers & Markets (ACM) and the European Commission. He is an experienced advisor on cartel-related damage claims (follow-on claims). Martijn has advised many businesses and public bodies on state aid and unfair competition from the government. He has supported many companies in notifying the ACM and the European Commission of mergers or takeovers. He lectures frequently at seminars and training institutes and has penned numerous articles. Martijn was a partner at Boekel De Nerée before becoming a co-founder of Maverick Advocaten N.V.
Chambers Review
Europe
Martijn Van de Hel has a broad competition law practice that covers investigations into alleged abuses of dominance, state aid disputes and multi-jurisdictional merger control filings.
Strengths
Provided by Chambers
"Martijn Van de Hel is a strong lawyer with a realistic view. He is able to quickly get to the core of the issues and is always willing to go the extra mile."
"Martijn Van de Hel is a strong lawyer with a realistic view. He is able to quickly get to the core of the issues and is always willing to go the extra mile."
Articles, highlights and press releases
29 items provided by Maverick Advocaten
Collective Management Organisations and competition law
As a result of the changes in the (digital) media landscape, the position of CMOs is becoming increasingly important.
ACM relaxes cartel prohibition for sustainability initiatives
The Netherlands Authority for Consumers and Markets (“ACM”) published the (draft) Guidelines on Sustainability Agreements, in which it expresses the intention to make it easier for companies to work together in the field of sustainability.
Cartel prohibition and abuse of dominant position set limits on settlement of patent disputes
The tension between IP rights and competition in the pharmaceutical sector is a topical issue. The Court of Justice has elaborated in its Generics judgement on the role of IP rights in the assessment of settlement agreements under competition law.
The digital future of competition law
In order to modernise competition law, the European Commission has proposed two new enforcement instruments: a gatekeeper instrument and new powers of investigation. This blog sets out these two initiatives.
ACM is back – and coming to a place near you this summer!
After a period of lockdown, ACM resumed its investigations, dawn raids, interrogations and hearings. In the area of consumer protection and online platforms, it promises to be a lively summer.
Court rules in favour of KNVB: stopping promotion of Cambuur and De Graafschap football clubs not in
The KNVB's decision that due to the corona crisis no promotion and relegation in professional football will take place is not in breach of competition law.
Non-compete clause in partnership contract in breach of cartel prohibition
A non-compete clause in a partnership contract is not always valid. That is apparent from a judgment in which a preliminary relief court found that such a clause is in breach of competition law.
Sales restrictions, distribution and competition: what is or is not permitted?
Competition authorities are continuing to focus on suppliers that impose unnecessary sales restrictions on their distributors. This blog addresses the question what sales restrictions may or may not be imposed.
Relaxation of competition rules during the corona crisis
The corona crisis means the world is facing an uncertain economic period. In these times of need, the European Commission and the ACM are relaxing the competition rules.
Crisis cartels and state aid as a solution to the corona pandemic
Crisis cartels and flexible state aid rules as a solution to corona pandemic consequences? Read here what companies can do
Seven new tips for companies regarding online consumer sales
The ACM published Guidelines on the protection of online consumers. In this blog, the most important tips for companies in online consumer sales are listed.
Proposed ban of healthcare mergers untenable and counterproductive
The Minister for Health, Welfare and Sports wants to create a de facto merger ban for certain healthcare providers. In this blog we discuss why the proposal could be counterproductive and harmful to the healthcare sector and the patient.
ACM imposes record fine for deleting WhatsApp chats in cartel investigation
The ACM has imposed a high fine on a company for failure to cooperate, because employees deleted WhatsApp chats during a dawn raid.
ACM broadens price arrangement possibilities for self-employed persons
The ACM has made it easier for self-employed persons to make price arrangements.
Franchise and competition: case law and developments
Franchise agreements: the thresholds for non-compete clauses, resale price maintenance and restriction of online sales.
Waiting lists, ban on new admissions and duty of care: what can and must the NZa (and you) do?
What are the tasks and powers of NZa when it comes to the healthcare procurement obligation of health insurers?
Why does ACM's Santeon letter miss the point? ACM, solve real problems in the healthcare sector firs
The ACM stipulates conditions to collaboration between Santeon hospitals without proper substantiation but ignores healthcare insurers' abuse of their purchasing power and jungle of policies. It is time for a new approach in ACM's supervision of the healthcare market.
Two-faced public authorities and Dutch Act on Government and Free Markets: not always an economic ac
The jurisprudence shows that it can pay off for private companies to litigate against a competing government.
Better fact-finding in ACM cartel investigations? Expand the right of suspects to examine witnesses!
Renewed call for an expansion of the right of suspected cartelists to be heard by the persons concerned.
Geo-blocking: new online sales regulations
The Geo-Blocking Regulation on online sales recently entered into force. What consequences will it have for companies?
Circular agriculture, sustainability and the cartel prohibition: power to the farmer?
Sustainability in the agricultural value chain.
Tendering procedures still causing unrest
Youth services procurement proceedings are setting the tone.
Stricter merger control in the Netherlands and abroad
An increasing number of both European and Dutch politicians are interfering in merger control.
An effective weapon against unwelcome regulations?
Work to be done in consumer sales
ACM imposes more frequent and higher fines for breaches of consumer law.
Convergence, competition and (limitless) content determine landscape in 2019.
E-commerce and competition law
The Netherlands is no longer a free port for vertical restrictions.
Cartel watchdog comes out of hibernation
ACM promises more and faster fines in cartel formation.
Healthcare: ACM and NZa must pull out all the stops in 2019
Critical merger control, enforcement of cartel prohibition, supervision of contracting, and waiting times.
Collective Management Organisations and competition law
As a result of the changes in the (digital) media landscape, the position of CMOs is becoming increasingly important.
ACM relaxes cartel prohibition for sustainability initiatives
The Netherlands Authority for Consumers and Markets (“ACM”) published the (draft) Guidelines on Sustainability Agreements, in which it expresses the intention to make it easier for companies to work together in the field of sustainability.
Cartel prohibition and abuse of dominant position set limits on settlement of patent disputes
The tension between IP rights and competition in the pharmaceutical sector is a topical issue. The Court of Justice has elaborated in its Generics judgement on the role of IP rights in the assessment of settlement agreements under competition law.
The digital future of competition law
In order to modernise competition law, the European Commission has proposed two new enforcement instruments: a gatekeeper instrument and new powers of investigation. This blog sets out these two initiatives.
ACM is back – and coming to a place near you this summer!
After a period of lockdown, ACM resumed its investigations, dawn raids, interrogations and hearings. In the area of consumer protection and online platforms, it promises to be a lively summer.
Court rules in favour of KNVB: stopping promotion of Cambuur and De Graafschap football clubs not in
The KNVB's decision that due to the corona crisis no promotion and relegation in professional football will take place is not in breach of competition law.
Non-compete clause in partnership contract in breach of cartel prohibition
A non-compete clause in a partnership contract is not always valid. That is apparent from a judgment in which a preliminary relief court found that such a clause is in breach of competition law.
Sales restrictions, distribution and competition: what is or is not permitted?
Competition authorities are continuing to focus on suppliers that impose unnecessary sales restrictions on their distributors. This blog addresses the question what sales restrictions may or may not be imposed.
Relaxation of competition rules during the corona crisis
The corona crisis means the world is facing an uncertain economic period. In these times of need, the European Commission and the ACM are relaxing the competition rules.
Crisis cartels and state aid as a solution to the corona pandemic
Crisis cartels and flexible state aid rules as a solution to corona pandemic consequences? Read here what companies can do
Seven new tips for companies regarding online consumer sales
The ACM published Guidelines on the protection of online consumers. In this blog, the most important tips for companies in online consumer sales are listed.
Proposed ban of healthcare mergers untenable and counterproductive
The Minister for Health, Welfare and Sports wants to create a de facto merger ban for certain healthcare providers. In this blog we discuss why the proposal could be counterproductive and harmful to the healthcare sector and the patient.
ACM imposes record fine for deleting WhatsApp chats in cartel investigation
The ACM has imposed a high fine on a company for failure to cooperate, because employees deleted WhatsApp chats during a dawn raid.
ACM broadens price arrangement possibilities for self-employed persons
The ACM has made it easier for self-employed persons to make price arrangements.
Franchise and competition: case law and developments
Franchise agreements: the thresholds for non-compete clauses, resale price maintenance and restriction of online sales.
Waiting lists, ban on new admissions and duty of care: what can and must the NZa (and you) do?
What are the tasks and powers of NZa when it comes to the healthcare procurement obligation of health insurers?
Why does ACM's Santeon letter miss the point? ACM, solve real problems in the healthcare sector firs
The ACM stipulates conditions to collaboration between Santeon hospitals without proper substantiation but ignores healthcare insurers' abuse of their purchasing power and jungle of policies. It is time for a new approach in ACM's supervision of the healthcare market.
Two-faced public authorities and Dutch Act on Government and Free Markets: not always an economic ac
The jurisprudence shows that it can pay off for private companies to litigate against a competing government.
Better fact-finding in ACM cartel investigations? Expand the right of suspects to examine witnesses!
Renewed call for an expansion of the right of suspected cartelists to be heard by the persons concerned.
Geo-blocking: new online sales regulations
The Geo-Blocking Regulation on online sales recently entered into force. What consequences will it have for companies?
Circular agriculture, sustainability and the cartel prohibition: power to the farmer?
Sustainability in the agricultural value chain.
Tendering procedures still causing unrest
Youth services procurement proceedings are setting the tone.
Stricter merger control in the Netherlands and abroad
An increasing number of both European and Dutch politicians are interfering in merger control.
An effective weapon against unwelcome regulations?
Work to be done in consumer sales
ACM imposes more frequent and higher fines for breaches of consumer law.
Convergence, competition and (limitless) content determine landscape in 2019.
E-commerce and competition law
The Netherlands is no longer a free port for vertical restrictions.
Cartel watchdog comes out of hibernation
ACM promises more and faster fines in cartel formation.
Healthcare: ACM and NZa must pull out all the stops in 2019
Critical merger control, enforcement of cartel prohibition, supervision of contracting, and waiting times.
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