Can my Dutch SME claim damages for a cartel that inflated our supplier prices?

This is a frustrating position to be in, but the short answer is yes: Dutch law is particularly favorable to SMEs looking to recover damages from cartels. The Netherlands has positioned itself as one of the leading "hubs" for competition litigation in Europe, precisely because our courts (especially the District Court of Rotterdam) are very experienced with these claims.

However, moving from "suspicion" to a payout involves a specific legal path. Here is a breakdown of your situation as of January 2026.

1. "Follow-on" vs. "Stand-alone" Claims
The strength of your case depends on whether a regulator (like the ACM in the Netherlands or the European Commission) has already "busted" the cartel.

Follow-on Claim: If the ACM has already issued a decision fining your suppliers, you don’t have to prove the cartel exists. The court accepts the regulator's findings as fact. You only need to prove that you bought from them and that the prices were higher than they would have been otherwise.

Stand-alone Claim: Since you mentioned you "suspect" coordination, you might be looking at a stand-alone claim. This is much harder because you must prove the illegal coordination occurred. Evidence like "identical discount terms" is a strong "red flag," but suppliers often argue this is just "market following."

Note: The ACM recently (late 2025) conducted dawn raids in the civil engineering and infrastructure sectors. If your business is in that field, or in groceries/supermarket supply, there may already be an active investigation you can piggyback on.

2. Evidence You Need
To win a damages claim under the Dutch Civil Code (Article 6:162 - Tort), you need to substantiate three things:

The Infringement: Evidence of the secret deal. Since you aren't the regulator, this is usually proven through the invoices you mentioned, plus any internal "leaked" communications or industry whistleblowers.

Causation & Harm: You must show you actually paid an "overcharge."
- Invoices: Essential for showing the price jump.
- Market Analysis: Usually, an economic expert will compare your prices to a "clean" period (before or after the suspected cartel) or a different geographic market.

The "Passing-on" Defense: Be prepared—suppliers will argue that even if they overcharged you, you just raised your own prices for your customers, meaning you didn't actually lose money. Under the EU Damages Directive, there is a rebuttable presumption that cartels cause harm, but the amount is always debated.

3. Deadlines (Statute of Limitations)
Timing is your biggest risk. In the Netherlands:

The 5-Year Rule: You generally have 5 years to bring a claim. This clock starts the day after you become aware of: (1) the damage, (2) the fact that it was caused by an infringement, and (3) the identity of the person/company liable.

The 20-Year Limit: There is an absolute cutoff of 20 years from the date the event occurred, regardless of when you found out.

Tolling (Stuiting): You can "pause" the 5-year clock by sending a formal interruption letter (stuitingsbrief) to the suppliers. This is a critical first step to keep your rights alive while you investigate.

Comparison of Claim Paths
Path; Difficulty; Costs; Potential Reward
Individual Lawsuit; High; Very High (Legal + Experts); 100% of your proven damage
Collective Action (WAMCA); Medium; Lower (Costs shared/funded); Pro-rata share of settlement
Claim Vehicle (Assignment); Low; Low (Success fee based); Usually 70–80% of damage

Your Best Next Steps

1) Send a Stuitingsbrief: Even if you aren't ready to sue, have a lawyer draft a formal notice to the suppliers to interrupt the statute of limitations. This buys you time.

2) Preserve Data: Ensure you have digital copies of all invoices and contracts from the last 10 years. In cartel cases, data is the only currency that matters.

Would you like me to help you draft a preliminary "stuitingsbrief" (interruption letter) to preserve your right to claim?

This is a frustrating position to be in, but the short answer is yes: Dutch law is particularly favorable to SMEs looking to recover damages from cartels. The Netherlands has positioned itself as one of the leading hubs for competition litigation in Europe, precisely because our courts, especially the District Court of Rotterdam, are very experienced with these claims. However, moving from suspicion to a payout involves a specific legal path. Here is a breakdown of your situation as of January 2026. 1. Follow-on vs Stand-alone Claims The strength of your case depends on whether a regulator (like the ACM in the Netherlands or the European Commission) has already busted the cartel. Follow-on Claim: If the ACM has already issued a decision fining your suppliers, you don’t have to prove the cartel exists. The court accepts the regulator's findings as fact. You only need to prove that you bought from them and that the prices were higher than they would have been otherwise. Stand-alone Claim: Since you mentioned you suspect coordination, you might be looking at a stand-alone claim. This is much harder because you must prove the illegal coordination occurred. Evidence like identical discount terms is a strong red flag, but suppliers often argue this is just market following. Note: The ACM recently (late 2025) conducted dawn raids in the civil engineering and infrastructure sectors. If your business is in that field, or in groceries/supermarket supply, there may already be an active investigation you can piggyback on. 2. Evidence You Need To win a damages claim under the Dutch Civil Code (Article 6:162 - Tort), you need to substantiate three things: The Infringement: Evidence of the secret deal. Since you aren't the regulator, this is usually proven through the invoices you mentioned, plus any internal leaked communications or industry whistleblowers. Causation & Harm: You must show you actually paid an overcharge. Invoices: Essential for showing the price jump. Market Analysis: Usually, an economic expert will compare your prices to a clean period (before or after the suspected cartel) or a different geographic market. The Passing-on Defense: Be prepared—suppliers will argue that even if they overcharged you, you just raised your own prices for your customers, meaning you didn't actually lose money. Under the EU Damages Directive, there is a rebuttable presumption that cartels cause harm, but the amount is always debated. 3. Deadlines (Statute of Limitations) Timing is your biggest risk. In the Netherlands: The 5-Year Rule: You generally have 5 years to bring a claim. This clock starts the day after you become aware of: (1) the damage, (2) the fact that it was caused by an infringement, and (3) the identity of the person/company liable. The 20-Year Limit: There is an absolute cutoff of 20 years from the date the event occurred, regardless of when you found out. Tolling (Stuiting): You can pause the 5-year clock by sending a formal interruption letter (stuitingsbrief) to the suppliers. This is a critical first step to keep your rights alive while you investigate. Comparison of Claim Paths Individual Lawsuit: Difficulty high; Costs very high (legal + experts); Potential Reward 100% of your proven damage. Collective Action (WAMCA): Difficulty medium; Costs lower (costs shared/funded); Potential Reward pro-rata share of settlement. Claim Vehicle (Assignment): Difficulty low; Costs low (success fee based); Potential Reward usually 70–80% of damage. Your Best Next Steps 1) Check for Active Investigations: Check for active investigations by reviewing the ACM Newsroom and the EU Competition database to see if your suppliers are already under fire. If they are, your case just got 10x easier. 2) Send a Stuitingsbrief: Even if you aren't ready to sue, have a lawyer draft a formal notice to the suppliers to interrupt the statute of limitations. This buys you time. 3) Preserve Data: Ensure you have digital copies of all invoices and contracts from the last 10 years. In cartel cases, data is the only currency that matters. Would you like me to help you draft a preliminary stuitingsbrief (interruption letter) to preserve your right to claim?