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Kees Schillemans

Partner

Amsterdam

Schillemans Kees
Kees Schillemans

Partner

Amsterdam

Kees specialises in EU and competition law. He regularly represents clients in proceedings before competition and regulatory authorities and courts. Kees has extensive experience in cartel and merger control proceedings before the Dutch Competition Authority and the European Commission, including in the telecommunication and media sectors. He also advises and litigates on matters of EU law and private enforcement of competition law including cartel damages cases. Kees regularly publishes on competition law and is the chairman of the Dutch Association for competition law.

Chambers Europe (2019) says: Kees Schillemansis valued for his ability to "explain on every level the impact of competition law," according to clients. Also described as "an inspiring and pleasant person to work with," he offers experience in both merger filings and cartel investigations, representing clients before Dutch authorities and the European Commission. Interviewees additionally enthuse that "he is a very knowledgeable and practical lawyer who is also down-to-earth."

WWL says: "Rising star" Kees Schillemans is already regarded as a "very influential" name in the Dutch competition field, active in both antitrust and merger control matters."

News & insights

Publications: 25 FEBRUARY 2020

A misprediction is not a mistake: settlement not set aside despite change in law

A change in the law made shortly after a compromise agreement was entered into did not give rise to a common mistake of law capable of setting aside the agreement.  The High Court held that while the doctrine of mistake operates in the context of compromise agreements, there was no “common assumption” between the parties as to the relevant law in this case and therefore no mistake.  The court observed that “a mistake will more likely arise where a well-established and unquestioned rule of law is dramatically overturned than where a single decision on a new and difficult point is overruled”.  The decision highlights the reluctance of the English courts to disturb already concluded settlements on the basis of a future revision of the law: Jeremy Philip Elston v (1) Lawrence King (2) Sue Roscoe (trustees in bankruptcy of Jeremy Philip Elston) [2020] EWHC 55 (Ch).

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Publications: 25 FEBRUARY 2020

Legal advice privilege subject to “dominant purpose” test – how to deal with multi-party email communications

The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply.  The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party email communications between in-house lawyers and non-lawyer employees. Three Rivers No. 5 is criticised but acknowledged to be binding: The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) [2020] EWCA Civ 35.

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Publications: 25 FEBRUARY 2020

Time limits for damages claims based on public law breaches during rail franchise procurement

This case highlights the very different, and often very strict, time limits that apply in different private law and public law claims.  Rejecting the Secretary of State’s attempt to strike out part of the claims against it, the Court of Appeal confirmed that the six-year time limit for damages claims applies to a procurement conducted outside the Public Contracts (and similar) Regulations.  However, the three- month judicial review time limit may apply to other private law claims in this context.  The decision highlights the importance of considering time limits when challenging, or defending, public body decision-making.  Where the public law act engages private law rights, damages and other remedies may still be available where the time limits for judicial review have passed – provided that judicial review is not being sought by the back door: Secretary of State for Transport v Arriva Rail East Ltd & ors [2019] EWCA Civ 2259.

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Publications: 25 OCTOBER 2019

Antitrust in focus: October 2019

This newsletter is our take on the antitrust developments we think are most interesting to your business. Marta Sendrowicz, partner based in Warsaw, is our editor this month. She has selected:

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Office

Amsterdam

Allen & Overy LLP
Apollolaan 15
1077 AB Amsterdam

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Qualifications

Professional

Admitted as advocaat, Netherlands, 2000

Exempt european lawyer, England and Wales, 2009