HORIZONTAL & VERTICAL AGREEMENTS

Cases in the area of horizontal and vertical agreements include the following:

 

Exclusive purchase obligations in the Dutch beer market. Following a competitive assessment of the Dutch beer market, on 7 June 2013 the ACM announced that there is no reason to prohibit exclusive purchase obligations in contracts between brewers and outlets. Lexonomics assisted Grolsch by carrying out an economic assessment of the studies that triggered the ACM to look into this market.

 

Exclusive supply obligations. On 28 September 2012 the District Court in The Hague published its decision in the case of The Greenery and one of its member-growers. The court judgement was that the exclusive supply obligation between The Greenery and the grower does not infringe competition aw provisions. Lexonomics provided economic advice to The Greenery during the court procedures.

 

Conditional rebates CRV. On 7 October 2010 the Dutch Trade and Industry Appeals Tribunal (CBb) published its judgment in the CRV case on various discount schemes of CRV that were assessed by the NMa as constituting abuse of dominance. At the request of CRV Lexonomics carried out an economic analysis from which it became clear that the discounts schemes did not have anticompetitive effects. The CBb decided, with numerous references to the Lexonomics analysis, that the discount schemes were not abusive.

 

Competitive assessment of healthcare groups. In Juy 2010 the Dutch Healthcare authority (NZa) published its view on competition aspects of healthcare groups, organisations in which individual healthcare providers cooperate to provide care for chronic diseases. In August 2010 the Dutch Competition authority NMa and the NZa jointly published their Guidelines Healthcare Groups. Lexonomics provided economic advice to the NZa in relation to both publications.

 

Non-horizontal mergers. On 11 October Theon van Dijk gave a presentation on the draft EC guidelines on non-horizontal mergers at the 5th annual conference Competition Law Developments 2007.

 

Collective preference policy health insurers. For BOGIN (Association of the Dutch Generic Medicines Industry), Lexonomics has carried out an analysis of the competitive effects of collective and individual preference policy by health insurers in the Netherlands.

 

Self-assessment buyer power. Lexonomics has carried out a “self-assessment” under the Horizontal Agreement Guidelines for a Dutch buyer group.