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
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
07.01.2021 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
05.11.2020 NL law Jurisdictional hide & seek: merger thresholds and buyer joint ventures Short Reads - Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. The General Court fully upheld the Commission’s 2017 decision prohibiting the joint acquisition of Cemex’s Hungarian and Croatian subsidiaries by cement companies HeidelbergCement and Schwen Zement through their full-function joint venture (JV). Read more Team: Floris ten Have, Maria Cabrera
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
05.11.2020 NL law General Court confirms: no proof, no dawn raid Short Reads - The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence with regard to one of the suspected anticompetitive practices. In addition, the General Court clarified that interviews held with suppliers prior to the issuing of a dawn raid decision can be used as evidence, even when these interviews have not been recorded. Read more Team: Floris ten Have, Shila Kobakiwal
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
05.11.2020 NL law This article has FIVE stars! New Dutch consumer rules to curb fake reviews Short Reads - Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online. These rules mean more obligations for online traders, and potentially high fines if they get it wrong. For example, traders should implement procedures to ensure that published reviews originate from consumers who have genuinely used the product. Read more Stijn de Jong Associate Amsterdam