Neodyum Miknatis
amateur porn
implant
olabahis
Casino Siteleri
Kayseri escort
canli poker siteleri kolaybet meritslot
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
Articles

Minister of Economic Affairs published a draft policy rule on competition and sustainability for consultation

Minister of Economic Affairs published a draft policy rule on competition and sustainability for consultation

Minister of Economic Affairs published a draft policy rule on competition and sustainability for consultation

05.01.2016 NL law

On 23 December 2015, the Minister of Economic Affairs published a Draft Policy Rule on competition and sustainability ("Draft Policy Rule") for consultation. The Draft Policy Rule aims to replace the previous policy rule on competition and sustainability adopted in 2014. 

The Draft Policy Rule provides guidelines on the assessment of whether agreements relating to sustainability are exempted from the cartel prohibition.

The 2014 policy rule faced considerable criticism, as it was found by many to hamper sustainability initiatives. Examples of sustainability initiatives that were found to be in violation of competition rules by the Netherlands Authority for Consumers and Markets ("ACM") are the agreement between energy producers to close down coal-fired plants and the arrangements between supermarkets, poultry farmers, and broiler meat processors concerning the selling of chicken meat produced under enhanced animal welfare-friendly conditions [see our February 2015 newsletter].

Like the previous policy rule, the Draft Policy Rule contains the factors to be taken into account when assessing whether agreements in the interest of sustainability are exempted from the cartel prohibition. However, the Draft Policy Rule contains some new elements so as to provide a clearer and more concrete framework.

The Draft Policy Rule now determines that restrictive agreements comprising a set of arrangements should be examined as a whole, when assessing the efficiencies of the restrictive agreement.

Also new is the specification that both qualitative and quantitative benefits are to be taken into account in the assessment of the benefit resulting from the restrictive agreement. The 2014 policy rule did not specify whether qualitative or quantitative benefits were concerned, which led the ACM to conclude that benefits must be quantifiable. Furthermore, the Draft Policy Rule exempts, where possible, restrictive agreements that benefit society as a whole, as opposed to agreements not related to sustainability, which should benefit specific groups of consumers in order to be exempted.

The consultation phase ends on 31 January 2016.

This article was published in the Competition Law Newsletter of January 2016. Other articles in this newsletter:

Team

Related news

01.10.2020 NL law
Directors' liability due to competition law infringements by the company

Short Reads - The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director. Internationally, the question whether companies can recover competition law fines through civil claims against individuals involved in the competition law infringement, is controversial. The court held, however, that the director’s personal involvement in the infringement amounted to ‘serious mismanagement’, triggering personal liability to pay damages.

Read more

01.10.2020 NL law
EU merger control: Dutch clause to catch future killer acquisitions

Short Reads - Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation. The proposed plans include a simplification of the notification procedure and a new approach towards the system of referral to ensure that significant transactions, particularly in the digital and pharmaceutical industries, no longer escape Commission scrutiny.

Read more

07.10.2020 LU law
Luxembourg tax measures on non-cooperative jurisdictions: EU blacklist updated

Articles - On 6 October 2020, the European Union list of non-cooperative jurisdictions (the “EU List") was updated. The changes have an impact on bill of law nº 7547, providing that, as from 1 January 2021, interest or royalties, accrued or paid, should no longer be deductible for tax purposes when the beneficiary is a related enterprise established in a country included in the EU List.

Read more

01.10.2020 NL law
Waiting for the EC: third-party platform bans and RPM still on radar

Short Reads - The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions. However, the Dutch competition authority (the ACM) and the Dutch courts cannot wait for the European Commission’s revised VBER rules to deal with such sales restrictions.

Read more