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, 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, Stijn de Jong
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, 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
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 Valente
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
27.11.2014 NL law Stibbe advises Credit Suisse Experience - Stibbe advised Credit Suisse on the imposement of a fine by the European Commission for participating in a cartel involving interest rate products denominated in Swiss francs Read more Team: Christof Swaak, Rein Wesseling, Floris ten Have
10.10.2013 BE law Stibbe assists major European retailer on the largest cartel investigation ever in Belgium regarding perfume products Experience - Representing a major European retailer on the largest cartel investigation ever in Belgium regarding DPH products (drugstore, perfume, and hygienic products). Read more Peter Wytinck Partner Brussels
08.04.2013 BE law Stibbe assists a warehouse operator in the port of Antwerp Experience - Assisting a warehousing company in the port of Antwerp in the competition law investigation, provisional measures, and appeal proceedings regarding alleged abuse of a dominant position for the load out of certified LIFFE coffee in the port. Read more Peter Wytinck Partner Brussels
26.11.2012 BE law Stibbe advises the Port of Antwerp Experience - Advising the Port of Antwerp in the decision-making process concerning the compensation procedure for container operators at Deurganckdock, one of Europe’s major docks. Read more Team: David D'Hooghe, Nathanaelle Kiekens, Frederik Vandendriessche, Peter Wytinck, Tom Ruys
29.04.2022 NL law Elske Raedts new counsel at Stibbe Inside Stibbe - We are pleased to announce that Elske Raedts will be joining Stibbe’s Amsterdam office as counsel. Her appointment as from 1 May 2022 will further strengthen our leading competition practice. Read more Team: Elske Raedts, Hans Witteveen, Rein Wesseling, Floris ten Have
02.12.2021 NL law Google Shopping: self-preferencing is a form of abuse of dominance Short Reads - On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision. According to the European Commission (the Commission), Google illegally favoured its own comparison shopping service by displaying it more prominently in its search results than other comparison shopping services (see our July 2017 Newsletter). The Commission found that Google was abusing its dominant position and imposed a EUR 2.42 billion. Read more Team: Floris ten Have, Tjitske Kuiper
02.12.2021 NL law Gun jumping: beware, the Commission will take action Short Reads - The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management. By adopting interim measures in addition to opening an investigation into whether Illumina and Grail breached the standstill obligation, the Commission has made clear it will not shy away from tough action against gun jumping during an ongoing merger review. Read more Team: Floris ten Have, Florentine Snoeker
07.10.2021 NL law Court of Appeal provides guidance for further course of proceedings in prestressing steel litigation Short Reads - On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues: (i) the obligation of claimant to furnish facts; (ii) the assignment of claims; and (iii) the liability of the parent companies. In short, the Court of Appeal allowed the claimant Deutsche Bahn another opportunity to supplement the facts needed to substantiate its claims in the next phase of the proceedings. Read more Mathilde Vijverberg Associate Amsterdam
05.04.2022 NL law Game on for gatekeepers: Digital Markets Act finalised Short Reads - Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. Time for big digital companies to take stock of the potential implications of these additional rules on their day-to-day business operations. See our infographic for a concise overview of the DMA. Read more Team: Floris ten Have, Simone Evans
02.12.2021 NL law Back to the future – Commission publishes roadmap for green and digital challenges Short Reads - The Commission’s Communication “A competition policy fit for new challenges” (link) (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions. The document covers all areas of competition law (antitrust, merger control, and State aid) and identifies various ways in which new and existing tools can contribute to addressing these challenges. Read more Floris ten Have Partner Amsterdam
07.10.2021 NL law Commission’s record fine for gun jumping upheld Short Reads - Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully. The General Court confirmed the Commission’s record-breaking fines on Altice for violating the EU Merger Regulation’s notification and standstill obligations. According to the General Court, the mere possibility of exercising decisive influence over the target can result in a gun jumping breach. Read more Team: Floris ten Have, Simone Evans
07.10.2021 NL law ACM walks the walk: first-ever vertical price coordination fine Short Reads - The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers. Compared to the European Commission’s fines on four consumer electronics producers for resale price maintenance (“RPM”), the ACM’s summary decision seems to refer to a ‘light’ version of RPM: systematic price coordination without any threats, sanctions or incentives for the retailers to stick to the price. Read more Team: Floris ten Have, Simone Evans
04.04.2022 EU law The ECN+ Directive implemented in Belgium and introduction of merger filing fees Short Reads - On 7 March 2022, the Act implementing the ECN+ Directive into Belgian law was published in the Belgian Official Gazette. The Act entered into force on 17 March 2022. Some of the key amendments include (i) the introduction of filing fees for the notification of a concentration, (ii) new fines and penalty payments (including clarifications on the leniency programme), (iii) new dawn raid powers and (iv) the introduction of a regulatory framework for mutual assistance and cooperation within the European Competition Network. Read more Lucie Thébault EU, competition & regulated markets Professional Support Lawyer Brussels
02.12.2021 EU law ECJ: private enforcement in aviation sector also a national court's game Short Reads - Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector, regardless of public enforcement by the Commission and national competition authorities, and regardless of whether or not such authorities had authority to pursue public enforcement in the relevant period. Read more Twan Heikens Junior Associate Amsterdam
07.10.2021 NL law Commission reveals first piece of antitrust sustainability puzzle Short Reads - The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules. Companies keen to be green may be left in limbo by a looming clash with more far-reaching proposals from national competition authorities. More pieces of the antitrust sustainability puzzle will fall into place as soon as the ongoing review of the guidelines on horizontal cooperation is finalised. Read more Team: Floris ten Have, Simone Evans
03.06.2021 NL law First material judgment in Dutch damages proceedings in trucks infringement Short Reads - In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants. However, this does not alter the fact that it must still be assessed for each claimant whether the threshold for referral to the damages assessment procedure has been met. For this to be the case, it must be plausible that a claimant may have suffered damage as a result of the unlawful actions of the truck manufacturers. The Amsterdam District Court has not yet ruled on this issue. Read more Francis Blaauboer Junior Associate Amsterdam