Merger Control and Joint Ventures

Short Reads - On 19 April 2018, the European Court of Justice clarified when the application of discriminatory prices with regard to trading partners by a dominant firm amounts to abuse of dominance.

Short Reads - On 26 April 2018, the European Commission proposed a draft EU Regulation on key aspects of the contractual relationship between online platforms and their business users. The aim of the proposed Regulation is to create a fair and transparent business environment for smaller businesses and traders that use online search engines and online platforms to reach consumers. The proposed Regulation would be the first EU legislation to specifically address business-to-business relationships of this kind.

Short Reads - On 21 March 2018, the District Court of Amsterdam delivered its judgment in a dispute between two real estate associations (VBO Makelaars and NVM) over the online platform of Funda Real Estate (Funda). The Court dismissed VBO's claim that Funda abused its dominant position by applying discriminatory contract terms.

Short Reads - On 1 February 2018, the European Court of Justice dismissed the appeals by several freight forwarders for their participation in various infringements in the sector for international air freight forwarding services.

Short Reads - On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement in a situation where Germany's constitutional law does not permit extradition of its own nationals. The case highlights that extradition to the US for competition law infringements can be a real possibility for EU citizens.

Short Reads - On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT. This is the first time a Dutch court has ruled on a request for a pre-procedural hearing in follow-on damages cases. The District Court of Amsterdam rejected both requests because it did not consider it likely that a pre-procedural hearing would be useful in either case.

Short Reads - On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments (1, 2, 3 and 4) on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT). 

Short Reads - On 13 February 2018, the Dutch Authority for Consumers and Markets (ACM) highlighted the key priorities it will pursue in 2018 and 2019. It will focus on the digital economy, making the energy market greener, prices of prescription drugs and competition in the port sector. Interested parties were invited to share their comments on the priorities and multiple statements online.