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Amsterdam Court rules on how to calculate damages in air cargo cartel cases

28 November 2024 - News

On 6 November 2024, the Amsterdam District Court ruled on the methodology to be used for the damage calculation in follow-on claims of indirect purchasers from the air cargo cartel.

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Landmark climate change judgment: the Hague Court of Appeal confirms Shell’s obligation to limit its CO2 emissions, but rejects NGOs’ claims

13 November 2024 - Insights

Milieudefensie et al. claimed that Shell has a societal duty of care to reduce its emissions by 2030 with 45% compared to 2019. In first instance the District Court of The Hague ruled in favor of Milieudefensie et al. The Court of Appeal overturned the District Court’s decision and rejected the claims.

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Right to assign antitrust damages claims follows directly from EU law, AG opines

5 November 2024 - Insights

AG Szpunar confirms in an opinion for the ECJ that the right for injured parties of a competition law infringement to assign their claims to a litigation vehicle for the purpose of starting damages proceedings follows directly from the cartel prohibition of Article 101 TFEU. Moreover, national rules that make the assignment of antitrust damages claims impossible or excessively difficult should be disapplied.

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Publication: class and group actions in The Netherlands

25 October 2024 - Publications

The International Comparative Legal Guide - Class and Group Actions 2025 has been published on 23 October 2025. Our colleagues Noor Hogerzeil, Simon Mineur and Damiën Berkhout have written the chapter on The Netherlands. This chapter provides an analysis of the Dutch class action system, and covers common issues including actions by representative organizations, court procedures, time limits, remedies, costs and funding.

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Liability of the undertaking in antitrust litigation: presumption of decisive influence also applies in civil proceedings according to AG opinion and Amsterdam District Court

24 October 2024 - Insights

Advocate-General Kokott of the ECJ has delivered an important opinion on the application of the presumption of decisive influence in the context of a jurisdictional analysis under the recast Brussels I Regulation.

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Collective action update: limitation periods and Greenpeace can litigate to protect Bonaire

16 October 2024 - Insights

The Dutch collective redress system continues to be dynamic, with interesting decisions being provided by the courts. In this class action update, Noor Hogerzeil and Damiën Berkhout provide comments on two recent cases. In the first case, the Dutch Supreme Court provides an important decision on the applicable limitation period for individuals after a successful collective action. In the second case, the court provides more clarity on the admissibility requirements in case of general interest and ESG claims.

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Lindenbaum moves into its new offices in Amsterdam: Concertgebouwplein 13

25 September 2024 - Insights

Lindenbaum is moving to its new Amsterdam offices at Concertgebouwplein 13. We look forward to meeting you there.

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Lindenbaum represents Beequip’s management board

5 September 2024 - Insights

Lindenbaum's managing partner Damiën Berkhout provided legal and governance advice to the management board of Beequip in the context of the transaction between NIBC and Apollo.

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Collective action on excessive pricing of pharmaceuticals moves on to merits phase

5 September 2024 - News

The Amsterdam District Court ruled that the representative organization Stichting Farma Ter Verantwoording is admissible in its collective action against pharmaceutical giant AbbVie. The case now moves on to the merits phase, in which the court will assess whether Abbvie abused its dominant position and violated human rights by charging excessive prices for its Humira medicine.

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Amsterdam Court of Appeal provides key decision regarding WAMCA admissibility requirements

28 August 2024 - Insights

The Amsterdam Court of Appeal has provided guidance for future Dutch mass tort cases in its decision in the matter between The Privacy Collective and Oracle and Salesforce.

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Recent developments in relation to the annulment of share purchases in the Netherlands

12 August 2024 - Publications

Lindenbaum partner Guido Vergouwen has published a case note in the Dutch law journal JIN on the Supreme Court case Rookie/ABC Hekwerk c.s. in relation to the annulment of share purchases.

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Lindenbaum welcomes Sophie van Everdingen

2 May 2024 - Insights

Lindenbaum is pleased to announce that Sophie van Everdingen has joined the firm as of 1 May 2024. Sophie joins the firm as Counsel. She has extensive experience in commercial disputes. This with a focus on antitrust damages cases and cross-border litigation.

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Recent developments in antitrust litigation

25 April 2024 - Insights

Lindenbaum covered the significant recent developments in cartel litigation in the Netherlands in an article for Global Legal Insights.

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Legal 500: Lindenbaum a leading firm

30 March 2024 - News

We are proud to share that Lindenbaum has been ranked in the Legal 500 as one of the leading firms in the Netherlands in the EMEA 2024 rankings. The firm has been ranked in the "Dispute resolution: class actions category", and is noted as a “firm to watch” in the "Dispute Resolution: Commercial Litigation" and "EU and Competition categories".

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Lindenbaum is proud to sponsor the IBA Annual Litigation Forum

20 February 2024 - News

The International Bar Association will be hosting their three-day Annual Litigation Forum in Amsterdam from 17 to 19 April 2024. This year the Forum will revolve around key litigation themes such as The Hague Convention, cross-border enforcement, the handling of expert witnesses, and trends in class actions. Lindenbaum will be sponsoring the conference diner, and our partners Guido Vergouwen and Damiën Berkhout will be delegates at the Forum.

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Rest assured: reassuring statements may delay the limitation period

15 February 2024 - Insights

The Supreme Court ruled in two recent judgments that reassuring statements, made by the liable person, may cause that the injured party does not yet have the necessary knowledge and insight for the (short) limitation period of Art. 3:310 (1) of the Civil Code to start.

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Lindenbaum expands its antitrust litigation practice

1 February 2024 - Insights

Lindenbaum is pleased to announce that it is further expanding its antitrust litigation practice with the arrival of Simon Mineur (associate) and Niels Wessel (paralegal).

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Privacy and mass torts: TikTok

19 January 2024 - Insights

Managing partner Damien Berkhout published an article regarding collective damages actions and privacy violations for Data & Privacyweb. This in response to the recent TikTok WAMCA ruling by the Amsterdam District Court.

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Lindenbaum strenghtens litigation practice with two new hires and promotion

2 January 2024 - News

Lindenbaum is pleased to announce that it is expanding its litigation practice with the arrival of Noor Hogerzeil (counsel) and Serap Akbaba (legal trainee). Lindenbaum is also pleased to announce the promotion of Dizzy van Duijn to the role of associate (advocaat-stagair).

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Dutch Court to Refer Preliminary Questions to the ECJ in Collective Action Proceedings Against Apple

23 October 2023 - Publications

Lindenbaum partner Stefan Tuinenga wrote a blog post on the Kluwer Competition Law Blog about the decision of the District Court of Amsterdam to refer preliminary questions to the European Court of Justice (ECJ) on regional jurisdiction (also referred to as ‘territorial’ jurisdiction) in the context of a WAMCA (Act on Damages Claims in a Collective Action) collective action claim brought by representative organizations for consumers against Apple.

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Foundation of Mass Tort Lawyers Association

18 October 2023 - News

Our managing partner Damiën Berkhout, is one of the founding members of the Mass Tort Lawyers Association (Vereniging Massaschade Advocaten, "VMA"). The VMA will help to further develop a strong class action system, and promote access to justice.

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Guido Vergouwen joins Lindenbaum as of 1 September 2023

1 September 2023 - News

Lindenbaum expands its practice with the arrival of Guido Vergouwen as a partner. Vergouwen will split his time between the Amsterdam office and a new office in Eindhoven, which he will open for the firm.

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GDPR infringements and damages claims: the UI-case explained

5 May 2023 - Insights

The ECJ has provided its decision in the UI/Österreichische Post AG case (“UI-case”). The decision is important, because it further clarifies under which conditions damages can be claimed in response to GDPR-infringements. In this contribution, we outline the key findings by the ECJ in the UI-case.

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The assignment-model as an alternative to a WAMCA claim

2 May 2023 - Insights

On 28 April 2023 Damiën Berkhout was a panelist at the Global Class Actions and Mass Torts Conference. Damiën discussed under what conditions the assignment model can be used to litigate mass tort claims, and commented that the model will continue to exist even now that opt-out class action opportunities exist in The Netherlands.

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Discovery in antitrust damages actions

27 April 2023 - Publications

Lindenbaum partner Stefan Tuinenga wrote an article in the Dutch competition law journal Mededingingsrecht in de Praktijk about the reluctancy of Dutch courts to provide access to cartel information in damages cases, and the tension this causes with the antitrust damages directive.

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Lindenbaum welcomes Dizzy van Duijn

13 April 2023 - News

Lindenbaum welcomes Dizzy van Duijn. Dizzy will join the firm as a paralegal, specializing in antitrust litigation and collective actions.

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ECJ confirms consumers’ right to compensation in ‘Dieselgate’

30 March 2023 - Insights

In the QB/Mercedes-Benz judgment the European Court of Justice confirmed that consumers who purchased a vehicle with an ‘unlawful defeat device’ have a right to compensation from vehicle manufacturers.

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Lindenbaum is a proud partner of Bridges Network

7 March 2023 - News

Lindenbaum is proud to be a partner of Bridges Network.

Bridges network sets itself the target to bridge the gap between law students with a multicultural background and commercial law firms, notaries and fiscal firms. This all with the objective to enhance diversity and inclusivity within commercial law practice.

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ECJ clarifies rules on access to evidence in antitrust damages cases

2 March 2023 - Insights

In the cases PACCAR and Ferrer, the European Court of Justice (“ECJ”) ruled on the scope of the right of access to evidence, and on the connection between this right and the national courts’ authority to estimate damages, under the antitrust damages directive.

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Lindenbaum opens its Amsterdam office

1 February 2023 - News

The law firm Lindenbaum opens its offices in Amsterdam. The firm specializes in complex commercial and corporate litigation, with a focus on class actions and antitrust litigation on the plaintiff side. The firm’s attorneys have been involved in some of the largest settlements and disputes in Europe.

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The road ahead for liability in antitrust damages actions

29 January 2023 - Publications

Stefan Tuinenga wrote an article about Sumal, the seminal ECJ judgment on antitrust liability, in the Journal of European Competition Law and Practice.

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The ECJ’s Meta-Platforms case and the WAMCA

28 January 2023 - Publications

In Meta Platforms, the ECJ clarified the conditions that article 80 (2) GDPR provides for representative actions involving GDPR-rights. Damiën Berkhout has published a case note on this decision.

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Damiën Berkhout speaks about collective actions

24 January 2023 - News

On 24 January 2023, Damiën Berkhout provided a lecture on Dutch collective actions under the WAMCA at Utrecht University.

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Antitrust litigation in the Netherlands in 2021

29 October 2022 - Publications

Stefan Tuinenga and Reinier Lamberti wrote the yearly overview of antitrust litigation cases before Dutch civil courts for the journal Markt & Mededinging.

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Stefan Tuinenga speaks about collective actions at IBA Annual Competition Conference

10 September 2022 - News

On 10 September 2022, Stefan Tuinenga spoke on "the new frontier of collective actions" at the 26th IBA Annual Competition Conference in Florence. Topics of discussion included trends, challenges, and differences in approach to collective actions around the world.

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Collectieve Actions in the Netherlands 2019

31 January 2020 - Publications

Damiën Berkhout provides an anlysis of the collective action developments in the Netherlands in the year 2019 for the Corporate Litigation Association. He also provides a forward look, and discusses the expected value of 2019 case law for the new WAMCA regime.

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