Merger Control and Joint Ventures

Short Reads - There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids. The number of dawn raids may increase once the EU's national competition authorities (NCAs) are empowered as a result of the newly adopted ECN+ Directive.

Short Reads - On 28 August 2018, the Court of Appeal Arnhem-Leeuwarden ruled on the appeal brought by Alstom in the gas-insulated switchgear case. The Court considered several issues commonly raised in follow on-proceedings, such as jurisdiction, applicable law and liability of group entities.

Inside Stibbe - Stibbe a nommé Floris ten Have (droit de la concurrence, Amsterdam) et Julien Bogaerts (droit des sociétés et droit financier, Bruxelles) en tant qu’associés. Johan Zwemmer (droit du travail, Amsterdam), Li Wee Toh (droit de l’énergie et industrie, Amsterdam) et Giovanni Smet (droit fiscal, Bruxelles) deviennent, quant à eux, counsels. Ces nouvelles nominations prendront effet le 1er janvier 2019.

Short Reads - Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies. According to the General Court, in applying the principle of equal treatment, the remaining liability for fine payment should be distributed proportionately by the Commission.

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.

Inside Stibbe - Stibbe has promoted Floris ten Have (EU law, competition and regulation, Amsterdam) and Julien Bogaerts (corporate and finance, Brussels) to partner. In addition, Johan Zwemmer (employment law, Amsterdam), Li Wee Toh (energy and industry, Amsterdam) and Giovanni Smet (tax, Brussels) have been promoted to counsel. The new appointments will take effect on 1 January 2019.

Short Reads - On 9 November, the European Council approved a regulation aiming to secure the free flow of non-personal data in the EU (the "Regulation"). This is another step towards the adoption of the Regulation, which aims to remove obstacles to the free movement of non-personal data in the EU.

Short Reads - The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that one of its suppliers was involved.