HARIBO CHALLENGES BOYCOTT OF MAXXAM

As a result of a boycott of leading joint purchasing organisation for wholesalers Maxxam (www.maxxam.nl) products of confectionary company Haribo (www.haribo.com) were recently not or rarely available at numerous petrol stations from Shell, Total, railway stations, wholesalers Makro and Hanos and hundreds of outlets in the hotel and catering sector. The background was a discussion as to buying conditions. Haribo strongly objected to the boycott. Finally, Haribo and Maxxam reached an amicable solution and without preliminary relief proceedings.

Defares assisted Haribo in this matter.

ADVOCATE GENERAL M.E. VAN HILTEN PROPOSES THE SUPREME COURT TO DECLARE THE APPEAL OF JVH GAMING WELL-FOUNDED

JVH Gaming is market leader in commercial games of chance in the Netherlands (www.jvh.nl). JVH Gaming finds that the payment of Value Added Tax for gaming machines violates the principle of fiscal neutrality within the meaning of the Sixth Directive. The Court of Appeal has to a large extent decided in favour of JVH Gaming. In Supreme Court proceedings Advocate General van Hilten now proposes to award the appeal of JVH Gaming, to partially refer the case back to the Court of Appeal and to dismiss the appeal of the Dutch State Secretary for Finance.

Click here for the opinion (in Dutch) of the Advocate General.

JVH is a portfolio company of Waterland Private Equity Investments and represented by Defares.

DEFARES HELPS BIOSCOOP CADEAU

Didix is market leader in developing, marketing and distributing gifting and promotional products in the Netherlands. Its products include Biscoop Cadeau, Restaurant Cadeau and National Sauna Bon (www.didix.com). Recently, Didix has entered into an exclusive arrangement with the largest movies operator in the Netherlands, Pathé Cinemas, for the distribution and marketing of Biscoop Cadeau.

Bioscoop Cadeau has asked Defares advice on the provisions of competition law and unfair commercial practices.

Didix is a portfolio company of Waterland Private Equity Investments.

ROUNDTABLE RECENT DEVELOPMENTS FMCG AND COMPETITION

With a select group of managing and sales directors from leading fmcg-companies such, as Coca Cola, Beiersdorf, Haribo, Johma Salads, Cloetta, Ad van Geloven, SCA Hygiene, a roundtable was held with regard to recent developments in the food sector. More specifically, Defares touched upon issues as to resale price maintenance, e.g. during the introductory period of a new product (innovation) and in the event of short term low price campaigns, and the intensified enforcement by national competition authorities of Hub & Spoke-cartels.

COV CHALLENGES DUTCH FOOD AUTHORITY’S ENFORCEMENT PROTOCOL

The Dutch Food Authority (NVWA) has introduced additional inspections of carcasses on fecal contamination just before the mandatory and official post mortem inspection of the Food Authority and in addition to the own controls by slaughterhouses of its HACCP-procedures as required by the General Food Law. These additional inspections are based on the Enforcement Protocol of the Dutch Food Authority. COV objects, amongst others, to the absence of any risk based analysis, the draconic sanctions laid down in the Enforcement Protocol and the lack of effective judicial protection. In this context COV has initiated civil proceedings against the State before the Court of The Hague that the Enforcement Protocol is unlawful.

Defares represents COV in this matter.