Merger Control and Joint Ventures

Articles - De Europese Commissie, grotendeels in samenwerking met de mededingingsautoriteiten van de lidstaten, blijft actief op zoek naar de juiste middelen en benadering om verstoring van de mededinging te voorkomen, vooral waar het gaat om online-markten en situaties waarin de mogelijkheden van Europese burgers worden beperkt te profiteren van de voordelen die de interne markt biedt.

Short Reads - The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague.

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Short Reads - The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies. In its conditional clearance of Aurobindo's acquisition of certain European Apotex assets, the ACM followed the European Commission's approach in assessing the merger's impact on competition. Companies will welcome the news that pharma mergers will be reviewed in a similar fashion, irrespective of whether the ACM or the European Commission conducts the review.

Short Reads - The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term. Eco-Bat had relied on the term starting from the date of the European Commission's decision correcting figures for the fine calculation in the initial infringement decision.

Short Reads - The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.

Short Reads - The European Commission has suffered its first court defeat in a tax rulings case. The General Court recently overturned an order to recover over EUR 700 million worth of tax breaks from 55 beneficiaries, because the Commission had wrongly qualified Belgian's excess profit exemption system as an "aid scheme".

Short Reads - A recent ruling by the Dutch Court of Appeal confirmed that claimants will need to sufficiently substantiate their claim that they suffered loss due to a cartel, even in follow-on cases. Despite a presumption that sales or service contracts concluded during the cartel period have been affected by the cartel, claimants will still need to provide the courts with concrete, detailed and uncluttered information showing (i) which party purchased (ii) which products from (iii) which manufacturer for (iv) which amount, preferably with copies of the relevant agreements.