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Short Reads - On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines. One of the key points of the revision was to make the VBER fit for the digital age and adapt the rules to the strong growth of e-commerce.

Short Reads - While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search. Companies should realise that when this happens, a competition authority does not necessarily have to turn a blind eye to evidence lawfully collected during a dawn raid which points at a separate antitrust infringement, as confirmed by the preliminary relief court in The Hague.

Short Reads - Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully. Digitisation and sustainability are blurring the lines between pro-competitive cooperation and anti-competitive collusion.

Short Reads - On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives. The proposal introduces an ex ante and ex post screening mechanism for investment activities related to vital providers or companies active in sensitive technology in the Netherlands. Although the regime is not yet effective, parties to a potential transaction should already account for the potential (including retroactive) effects of the regime.