EU Law, competition and regulation

Inside Stibbe - We are pleased to announce that Elske Raedts will be joining Stibbe’s Amsterdam office as counsel. Her appointment as from 1 May 2022 will further strengthen our leading competition practice.

Short Reads - On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection by its rulings in cases C-151/20, Nordzucker and C-117/20, Bpost.

Short Reads - De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt. Data en data-analyse kan een bijdrage leveren aan de efficiëntie van maatschappelijke processen, onderzoek en innovatie stimuleren en het concurrentievermogen van industrieën versterken. Veel data is echter niet vrij toegankelijk.  

Short Reads - Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies. The distinction becomes particularly blurry in relationships that go beyond the traditional horizontal and vertical ones, such as in dual distribution, where a supplier sells goods or services both directly and through independent distributors.   

Short Reads - Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. Time for big digital companies to take stock of the potential implications of these additional rules on their day-to-day business operations. See our infographic for a concise overview of the DMA.

Short Reads - Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The Dutch Authority for Consumers and Markets (ACM) has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale. Unlike the European Commission’s gun-jumping fine for partial implementation of a concentration through a ‘warehousing’ two-step acquisition (see our July 2019 newsletter; appeal pending), the ACM’s fine relates to faulty turnover calculations due to an unmaterialized two-step transaction.

Short Reads - More antitrust clarity has arrived for companies involved in sustainability collaborations. The European Commission published draft revised rules on horizontal cooperation agreements and the Dutch Authority for Consumers and Markets informally approved two green initiatives in the energy sector. Despite their differing views on how to assess out-of-market benefits in a sustainability context, both authorities share an eagerness to promote green initiatives with clear guidance.

Short Reads - Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements.