Onder 4.4. Rechtbank Amsterdam 10 mei 2017

“ASSIGNOR hereby assigns to ASSIGNEE all damage claims which ASSIGNOR has or might have with regard to purchases of Sodium Chlorate between 1 January 1992 and 31 December 2007, resulting from the violation of Article 101 and/or Article 102 Treaty on the Functioning of the European Union (TFEU, formally Article 81 and/or Article 82 EC-Treaty), Article 53 EEA-Agreement and/or the corresponding provisions in the Europe-Agreements (i.e. Agreements establishing an Association between the European Communities, their Member States and future Member States) and/or national competition laws, which constitute the Sodium Chlorate Cartel practiced in the European Union and in the EFTA States (see European Commission, Decision of 11 June 2008, COMP/38.695), against any and all members of this Cartel, in particular Eka Chemicals AB (Sweden)/ Akzo Nobel NV (Netherlands), Finnish Chemicals Oy (Finland)/ Erikem S.A. (Luxembourg), Arkema France SA (France)/ Elf Aquitaine SA (France), Aragonesas Industrias y Energia S.A. (Spain)/ Uralita S.A. (Spain), including their legal successors and parent companies. The damage claims subject to this transfer by assignment have to be understood in a broad sense, covering any and all cartel-related damages, such as price overcharges, loss of profit, the costs of claims enforcement, and all the interests in this regard, including accessory rights.”

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