27.06.2019 NL law Stibbe represents Nederlandse Spoorwegen (NS) Experience - Stibbe represented the Dutch railway operator NS in a seminal case in the Netherlands concerning alleged abuse of dominance. Read more Team: Rein Wesseling, Joe Mathis, Stijn de Jong, Jan Truijens Martinez
09.05.2018 NL law Stibbe represents Heineken Experience - Stibbe acts as defence counsel for Heineken and its subsidiary Athenian Brewery in an action for damages brought by Vergina, a competitor on the Greek market, before the Amsterdam District Court. Read more Team: Rein Wesseling, Jeroen Kortmann, Marieke Bredenoord-Spoek, Stijn de Jong, Elina Demertzi
11.10.2017 EU law Stibbe represents the NVB Experience - Stibbe represents the NVB (the Dutch Banking Association) following a “dawn raid” carried out by the European Commission at the premises of the Dutch Banking Association in October 2017. Read more Team: Christof Swaak, Floris ten Have, Jan Truijens Martinez, Roos Elemans
31.07.2017 EU law Stibbe represents MAN Experience - Stibbe acts as co-counsel to MAN regarding the European Commission's finding of an antitrust infringement in the truck manufacturing industry. Read more Team: Christof Swaak, Jeroen Kortmann, Marieke Bredenoord-Spoek, Roos Elemans
26.07.2017 EU law Stibbe represents ExxonMobil Experience - Stibbe acted as defence counsel for ExxonMobil in "follow-on" litigation initiated by 'claims vehicle' CDC. CDC seeks damages for loss allegedly suffered as a result of an antitrust infringement in the European market for paraffin wax. Read more Team: Christof Swaak, Jeroen Kortmann, Marieke Bredenoord-Spoek
25.07.2017 NL law Stibbe represents VodafoneZiggo Experience - Stibbe represented VodafoneZiggo in a dispute with Fox Sports concerning the length of the contracts and the level of fees Ziggo has to pay Fox for broadcasting the football channels in the Netherlands. Read more Team: Rein Wesseling, Jeroen Kortmann, Winfried van Hemel, Olivier Schotel
03.07.2017 EU law Stibbe represents voestalpine Experience - Stibbe represents voestalpine in antitrust damage litigation following on from the European Commission's finding of an antitrust infringement in the pre-stressing steel sector Read more Team: Christof Swaak, Matthijs Kuijpers
07.07.2016 EU law Stibbe represents Maersk Experience - Stibbe assisted Maersk in an investigation by the European Commission in the container line shipping sector. Read more Team: Christof Swaak, Jeroen Kortmann, Maria Cabrera
09.01.2016 NL law Stibbe advises AkzoNobel Experience - Stibbe advises AkzoNobel in two applications for annulment brought by AkzoNobel in relation to the European Commission's decision in the heat stabilisers cartel. Read more Team: Christof Swaak, Rein Wesseling
06.02.2015 NL law Stibbe advises Vodafone Experience - Stibbe advises Vodafone Netherlands with the filing of a lawsuit with the Court of Rotterdam against the ACM in respect of its approval of KPN’s takeover of FTTH operator Reggefiber. Read more Team: Floris ten Have, Rein Wesseling
29.01.2015 NL law Stibbe advises Akzo Nobel Experience - Stibbe advised Akzo Nobel in an action before the General Court to prevent the European Commission from publishing information originating from leniency documents. Read more Team: Christof Swaak, Jeroen Kortmann, Rein Wesseling
01.03.2014 NL law Stibbe advises Mars Experience - Representing Mars in legal proceedings before the District Court against Nestlé on allegations of abuse of dominance in the chocolate market. Read more Rein Wesseling Partner Amsterdam
04.02.2021 NL law ECJ clarifies limits of antitrust limitation periods Short Reads - Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those rules are not necessarily set in stone. According to the ECJ, national time limits relating to the imposition of antitrust fines may require deactivation if these limits result in a ‘systemic risk’ that antitrust infringements may go unpunished. Read more Team: Floris ten Have, Simone Evans
07.01.2021 NL law Commission evaluates Antitrust Damages Directive: to be continued Short Reads - On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive. However, there is insufficient experience with the new Directive to properly evaluate its application. Instead, the Commission provides a concise overview of the implementation of some key aspects of the Directive. Read more Team: Marieke Bredenoord-Spoek, Kaj Privé
07.01.2021 NL law Amsterdam District Court puts a halt to unlimited forum shopping Short Reads - On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU. The proceedings were initiated by four public utility companies from the Gulf States (claimants) against both Dutch and foreign defendants. Read more Team: Marieke Bredenoord-Spoek, Sofja Goldstein
03.12.2020 NL law The next 5 years: European Commission launches New Consumer Agenda Short Reads - Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years. Key points in the New Consumer Agenda include equipping consumers with better information on product sustainability, digital transformation, effective enforcement, safety concerning products ‘made in China’ and protecting particularly vulnerable consumers such as children, older people or those with disabilities. The New Consumer Agenda is a follow-up to the 2018 New Deal for Consumers. Read more Stijn de Jong Associate Amsterdam
04.02.2021 NL law Game over? Gaming companies fined for geo-blocking Short Reads - The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Food producer Mondelĕz may be next on the Commission’s hit list: a formal investigation into possible cross-border trade restrictions was opened recently. Read more Team: Floris ten Have, Simone Evans
07.01.2021 NL law ACM study calls for regulation of Big Techs on payment market Short Reads - The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands. Although Big Tech companies currently have a relatively limited presence in these markets, the ACM expects significant expansion in the near future given these companies’ ability to leverage existing market power on other (platform) markets. Read more Team: Joe Mathis, Janneke Feenstra
07.01.2021 NL law Do the math: ACM publishes strategy on monitoring use algorithms Short Reads - The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest. Therefore, on 10 December 2020, it published a new policy document (in Dutch) setting out what businesses can expect when the ACM checks their algorithms. On the same day, the ACM also launched a trial with online music library Muziekweb to improve the ACM’s knowledge about the categories of data that are likely to be relevant in such investigations. All signs indicate the ACM’s intention to become more active in this area. Read more Stijn de Jong Associate Amsterdam
03.12.2020 NL law On the right track? GC sends mixed messages with Lithuanian Railways Short Reads - The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors. While a railway track may seem essential, a track’s removal does not fall under this doctrine if carried out by a monopolist manager of a state-developed facility bearing a statutory obligation to grant third parties access to its facilities. According to the General Court, the Commission was therefore correct to use the general framework for abuse of a dominant position to assess the Lithuanian railway operator’s removal of a railway track. Read more Team: Floris ten Have, Daria Budurca
04.02.2021 NL law ACM’s 2021 enforcement focus: digital, green and COVID-19 Short Reads - The ACM’s list of 2021 focus areas is out. Whereas the digital economy and the energy transition are repeats from last year, the effects of the COVID-19 crisis is a new, although somewhat unsurprising, designated focal point. Read more Team: Floris ten Have, Simone Evans
07.01.2021 NL law (Geo)blockbuster: Canal+ ruling annuls commitment decision Short Reads - A heads-up for companies seeking to settle in antitrust proceedings: commercially-affected third party complainants are not to be ignored. The Canal+ judgment marks the first time a commitment decision has been successfully challenged since the adoption of Regulation 1/2003. The European Court of Justice annulled the commitment decision on the ground that the Commission failed to take into account the rights of contractual parties affected by the commitments. Read more Team: Floris ten Have, Frederick Brouwer
30.12.2020 Annual Competition Law Update 2021 Seminar - The Stibbe Annual Competition Update will take place online on 28 January 2021. Read more Floris ten Have Partner Amsterdam
05.11.2020 NL law Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines Short Reads - In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020. This category of restrictive practice applies alongside the existing prohibitions on cartels and abuse of a dominant position. It opens up new opportunities but also new threats for companies that are not in a dominant position. Read more Peter Wytinck Partner Brussels