Inbeslagname namaak spullen op markt Sint-Maarten

Inbeslagname namaak spullen op markt Sint-Maarten

Inbeslagname namaak spullen op markt Sint-Maarten

By Liance Law – 17 oktober 2019

Liance Law heeft afgelopen zaterdag in opdracht van Disosa namens Louis Vuitton, Gucci en Chanel wederom grote hoeveelheden namaakartikelen in beslag genomen op Sint Maarten. Het betrof met name tassen, riemen en portemonnees van voornoemde merken die werden verkocht op de markt pal achter het gerechtsgebouw, The Courthouse.

Afgelopen juni was er ook al beslag gelegd bij de verkopers op deze markt, echter nu lagen de kramen opnieuw weer vol counterfeit. Ditmaal hadden Liance Law en Disosa uitstekende assistentie van de lokale politie waardoor de actie van afgelopen zaterdag orderlijk en rustig verliep. “In opdracht van de merkhouders zullen we blijven doorgaan met het ontmoedigen van de handel in namaakartikelen, onder meer door inbeslagneming ervan”, aldus Wiek Herben, advocaat van Liance Law te Curaçao.

Meer over deze actie kunt u zien (film) hieronder en lezen via curacao.nu

Vragen? Neem gerust met ons contact op via info@liance.law. 

Get in touch   E-mail: office@liance.law   Phone: +5999 5133 678   
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Curacao Competition Law Explained – Dominant Position

Curacao Competition Law Explained – Dominant Position

Curacao Competition Law Explained – Dominant Position

By Peter van Dort – Partner Liance Law Firm (November 20, 2017)

Pursuant to the Curacao rules on competition, the abuse of a dominant position held by one or more undertakings is prohibited. Just like most other terms, the term dominant position is copied from the European rules on competition and is to be interpreted in the same way.

Case law of the Court of Justice of the European Union indicates that a dominant position is a position of economic strength enjoyed by an undertaking, which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of its consumers.

European case law indicates that undertakings that have a market share of 65% or higher are, as a rule, dominant. This is irrespective of the number of other competitors. To create legal certainty, the Curacao rules on competition determine that a market share of 60% or higher means that the undertaking concerned has, by definition, a dominant position. In principle, low market shares cannot sufficiently affect market conditions. The general rule is, therefore, that market shares of less than 30% can never create a dominant position.

What about undertakings that have market share between 30% and 60%? In those cases, market shares in relation to each other, combined with other factors, will be decisive whether an undertaking holds a dominant position. Although a relatively high market is a presumption for a dominant position, it will rarely be sufficient alone. The general rule is that market shares between 30% and 60% constitute a dominant position in situations where that market share is at least twice the share of the next highest market share of another competitor. If that is not the case, other factors will have to be taken into consideration as well. Examples of other market power factors are applicable legal provisions, superior technology or knowledge, vertical integration, product differentiation and access to capital.

If you want to know how the new Curacao rules on competition can affect your business or if you have any questions about the Competition Scan Liance Law has developed for the business sector, please feel free to contact Peter van Dort via dort@liance.law or +5999 5133 678. 

Get in touch   E-mail: office@liance.law   Phone: +5999 5133 678   
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Curacao Competition Law Explained – Undertakings

Curacao Competition Law Explained – Undertakings

Curacao Competition Law Explained – Undertakings

By Peter van Dort – Partner Liance Law Firm (September 25, 2017)

The Curacao rules on competition apply to undertakings and associations of undertakings. It is, therefore, important to know the definition of undertaking. The term undertaking is copied from the European rules on competition and is to be interpreted in the same way.

The concept of an undertaking encompasses every entity engaged in an economic activity, regardless of its legal status or the way in which it is financed. The nature of the activities carried out by an entity is the key element. The legal personality of the entity is irrelevant, meaning that natural persons, legal persons, non-profit organizations and even public entities are potentially caught under the definition of undertaking. The critical question is, therefore, what constitutes an economic activity?

An economic activity is, in general, the offering of goods or services on the market, while a private entity should, at least in principle, be able to perform the activity concerned. Activities that are typically those of a public authority – for example exercising powers relating to the control and supervision of air space – do not constitute an economic activity. Furthermore, entities that fulfil exclusively social functions and perform activities solely based on the principle of national solidarity – for example sickness funds and organizations involved in the management of the public social security system – are not undertakings. Hence, entities acting purely in the public interest are, in general, not undertakings. However, if the activities are also based upon the so-called principle of capitalization, those activities are of an economic nature as well. In that event the rules on competition apply.

Natural persons, who work for and under the direction of an entity, are part of that entity and cannot fulfil the criteria of being an undertaking. However, natural persons that provide services or goods on behalf of an entity but on an independent basis (intermediaries) – for example travel agents acting on behalf on airlines – are undertakings in this context. Their activities are of an economic nature.

Terms used in the Curacao rules on competition, such as the terms undertakings and economic activities, have been widely interpreted by the Court of Justice of the European Union. Liance Law has in-depth knowledge thereof. Liance Law has also developed a so-called ‘Competition Scan’ for the business sector, indicating an entity’s legal position within the relevant market.

If you have questions about our Competition Scan and/or want to know how the new Curacao rules on competition can affect your business, please feel free Peter van Dort via dort@liance.law or +5999 5133 678. 

Get in touch   E-mail: office@liance.law   Phone: +5999 5133 678   
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New rules on competition for Curacao

New rules on competition for Curacao

New rules on competition for Curacao

By Peter van Dort – Partner Liance Law Firm (September 1, 2017)

As of September 1, 2017, new rules on competition apply on Curacao. The purpose of these rules, which are for the most part copied from the European rules on competition, is to prevent competition between so-called undertakings from being distorted or restricted by arrangements between businesses or abuse by strong undertakings of their dominant position. Under certain circumstances, these rules on competition also apply to non-profit organizations and even governments.

A market determined by unrestricted competition offers opportunities for businesses and increases consumer welfare. However, the rules on competition also provide for challenges since undertakings and their principals are responsible for compliance with these rules as well. Non-compliance can result in very high penalties. Liance Law has in-depth knowledge of these rules. Liance Law advises and supports businesses across the spectrum of competition law and acts as your strategic sparring partner. Liance Law developed a so-called ‘Competition Scan’, which indicates, among other things, an organization’s position within the relevant market.

If you have questions or want to know how these new rules can affect your business, please feel free to contact Peter van Dort via dort@liance.law or +5999 5133 678.

Get in touch   E-mail: office@liance.law   Phone: +5999 5133 678   
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