EU Law, competition and regulation

Seminar - The Stibbe Annual Competition Law Update will take place on 17 January 2019 (14.30 - 17.45 hours) at our offices in Amsterdam.

Short Reads - Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar. Restrictions on retailers using a supplier's brand names for online search advertising purposes are just as much a no-go.

Short Reads - On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.

Short Reads - On 23 November 2018, the European Commission confirmed that the Antwerp Port Authority's retroactive reduction of contractual minimum tonnage requirements for two port concessionaires did not qualify as State aid.

Articles - On 19 December 2018, Belgium adopted the first version of the National Energy & Climate Plan, which is a compilation of three individual climate plans from each of Belgium’s regions. It contains specific measures aiming to reduce CO2 emissions in Belgium by 35% by 2030 and to increase the share of renewable energy to 18.3%. The Plan will be submitted to the European Commission and, at the same time, presented to the population, stakeholders, parliaments, and neighboring countries.

Short Reads - The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. It also indicated that in cases of refusal to grant access, it is not always necessary to establish the indispensability of the access.

Short Reads - Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. The European Court of Justice recently ruled that companies cannot blame the EU for losses incurred from having to pay extra bank guarantee costs as a result of excessively long appeal proceedings.

Short Reads - On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.