Attorney at law

Frank Barendrecht

Specialisation

Frank specializes in competition law, in which field he both advises and litigates. Furthermore, Frank assists health care clients in matters before or about the Dutch health care authority NZa. Frank has special interest in investigations of and procedures against regulatory authorities. However, Frank can very well deal with commercial contracts as well.  Frank also enjoys providing compliance training.

Frank likes to use clear wording to explain his advice or position.

Background

In 2005, Frank completed his studies at Utrecht University and started working for the Dutch competition authority (now called ACM). In his time with the ACM, Frank gained much experience with administrative enforcement procedures, i.a. in the construction industry and in health care. Furthermore, he was closely involved in the development of ACM’s fining policy. In 2008, Frank successfully completed the Grotius specialization programme in competition law.

In 2011, Frank joined Ploum. At Ploum he further specialized in competition law and in health care regulation. Over the years, Frank also gained much experience with commercial contracts and disputes. Frank serves clients in many sectors, but takes special interest in the health care sector. Frank also coordinates Ploum’s Team Care.

Examples of recent work

  • Merger notification before the Dutch health care authority NZa and the competition authority ACM for health care foundations ZorgSaam Zeeuws-Vlaanderen en Warmande. Special to these procedures is that ACM approved this merger on the basis of an argument it had not accepted before (the so-called failing firm exception);
  • Representing Kuwait Petroleum (Nederland) B.V. in a civil cartel damages procedure, in which procedure Kuwait joined Shell to defend itself against a substantial damages claim of road construction company Van Gelder;
  • Representing CAIW Holding B.V. in a complaints procedure about Fox Sports before the ACM and subsequently the Rotterdam district court;
  • Assistance to several companies in the port of Rotterdam during multiple ACM-investigations.

Publications

  • ‘Buitenlandse boeteverlagingen voor compliance programma’s: een voorbeeld om te volgen?’, Mededingingsrecht in de Praktijk, 2019, nr. 2/3
  • ‘Nieuwe boetebeleidsregels voor de NMa’, Actualiteiten Mededingingsrecht, 2009, nr. 8
  • ‘Boetecode van de Nederlandse Mededingingsautoriteit’, Markt en Mededinging, 2007, nr. 7

Memberships and additional functions

  • Guest lecturer competition law at Erasmus University Rotterdam
  • Teacher competition law and administrative criminal law at OSR Juridische Opleidingen (legal education)
  • Member Dutch Competition law association
  • Member Dutch Health care law association

The Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister)

Frank Barendrecht has registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister):

  • Administrative law (bestuursrecht), sub legal practice area enforcement law (handhavingsrecht);
  • Economic planning law (economisch ordeningsrecht), sub legal practice area competition law (mededingingsrecht); and
  • Health law (gezondheidsrecht).

Based on this registration, Frank Barendrecht is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

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