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Rob Ludding

Rob Ludding

Of counsel

Corporate Law

Rob Ludding is associated with De Clercq as an of counsel. During the course of over 43 years as an attorney and corporate lawyer, Rob has assisted companies, government, semi-government and non-profit organisations in a variety of sectors. Since August 2017, he has been putting his comprehensive and valuable knowledge and experience to use in his work at De Clercq on matters relating to his areas of expertise, specifically Dutch and European competition law (including its relationship with intellectual property), European law and state aid law.

Education and career

After studying Dutch and European law at the University of Amsterdam, Rob started his career as an attorney in 1974 at the firm formerly known as Blackstone, Rueb & Van Boeschoten (now De Brauw Blackstone Westbroek). After an interlude as secretary to the board at an electrical engineering company, he continued his law career in 1980 as an in-house lawyer at Shell International in London and The Hague. In this position, he was responsible for the legal aspects of all European oil, gas and chemicals activities undertaken by the Royal Dutch Shell Group with respect to competition law and European laws and regulations. From 1992 to 2005, Rob was an attorney/partner at Pels Rijcken & Droogleever Fortuijn, the firm of the State Advocate, after which he served as an of counsel for six years at the English/American company DLA Piper in Amsterdam. His work there involved European and competition law advisory and litigation practice. Rob then went on to conduct his own practice within MBF Advocaten in Rijswijk. From 1998 to 2005, Rob was also an attorney for the Netherlands Competition Authority (Nederlandse Mededingingsautoriteit), now known as the Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt). In this role, he was involved in matters such as all principle court proceedings to which the NMa was a party.

Rob's daily practice

‘Broadly speaking, I am a specialist in the field of European law that has a direct impact on the Dutch legal order in numerous areas, and often unexpectedly so. For example, I am involved in competition disputes between companies (the Competition Act is a consequence of previous European legislation) regarding exclusivity agreements, non-competition schemes, abuse of dominant economic positions, and anti-competitive state aid. In that context, I litigate (also as a consultant to other law firms) against parties such as financial institutions, but I also support biodynamic farmers in their dispute with the State and the Netherlands Enterprise Agency (RVO) about the implementation of the European Phosphate Directive. I am also regularly involved in disputes about exercising intellectual property rights, for example with respect to what you can and cannot do with your exclusive right as an IP right holder. This is an issue that has fascinated me since my graduate studies, and about which I have published quite a lot of material.’

Stay up to date

The latest developments

Corporate Law

Social Private Limited Company (BVm)

10 December 2024

More and more companies aim to contribute to social purposes, in addition to making a profit, in areas such as healthcare, education, energy, and climate: the 'social' enterprises. The Dutch government has been working for several years on a legal framework for these companies. The core of this framework is that a company may add "BVm" to its trade name if it meets certain legal requirements. This should contribute to the recognition and identification of social enterprises.

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Corporate Law

Shareholders’ Agreement or Articles of Association?

20 September 2024

In an earlier blog, I wrote about the importance of customization when drafting a shareholders' agreement. Often, the difference with the articles of association of a company is also discussed. In this blog, I outline some important differences between the articles of association and a shareholders' agreement.

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Corporate Law

The Importance of Customization in a Shareholders’ Agreement

8 August 2024

Shareholders regularly approach us with a request to draft or review a shareholders' agreement. A shareholders' agreement contains specific arrangements regarding the collaboration. There is no standard document available for drafting a shareholders' agreement. The specific wishes and needs of the shareholders form the basis of the arrangements in the shareholders' agreement. Below, I discuss four important topics that can be included in a shareholders' agreement.

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