We are Stibbe Regulatory Investigations and Compliance specialists

With ever-increasing regulatory complexity filtering through every market, we provide the experience, clarity and pragmatism our clients require.”

Regulatory Investigations and Compliance

The regulation of markets such as finance, energy and media is becoming increasingly complex. We provide the guidance and support our clients need, advising on the entire range of regulatory and compliance issues that may arise.

We invest time to thoroughly understand our clients’ businesses and requirements, providing assistance at every stage of a transaction, as well as threatened or on-going regulatory investigations. We create practical and workable solutions for the broad variety of regulatory issues that may occur.

As much of our work has a cross-border element, we work closely with top-tier law firms in jurisdictions around the world to provide coordinated and integrated solutions.

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02.10.2017 EU law
Court of Justice upholds fine imposed on Philips and LG in the cathode ray tubes cartel

Short Reads - On 14 September 2017, the European Court of Justice dismissed the appeals brought by LG Electronics Inc. (LG) and Koninklijke Philips Electronics NV (Philips) against the General Court's (GC) judgment in the cathode ray tubes (CRT) cartel [see our October 2015 Newsletter]. The Court of Justice confirmed that the relevant "value of sales" in the EEA includes sales of finished products incorporating the cartelised products in the EEA, even if those cartelised products were first sold to entities outside the EEA by means of intragroup sales.

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02.10.2017 EU law
District Court of Rotterdam dismisses Vodafone claims of abuse of dominance by KPN

Short Reads - On 27 September 2017, the District Court of Rotterdam dismissed claims by Vodafone that KPN abused its dominant position on the market for Virtual Internet Service Provider (VISP) services. In essence, the Court found that KPN did not have a dominant position on this hypothetical market because several companies had developed alternatives to KPN's services.

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01.09.2017 NL law
Arnhem-Leeuwarden Court of Appeal rules on duration of a non-competition clause in SPA

Short Reads - On 10 August 2017, the judgment of the the Arnhem-Leeuwarden Court of Appeal (Court of Appeal) was published which held that a purchaser of all the shares in a Dutch company, Thermagas, could not rely on a non-competition clause with a duration of 5 years in a share purchase agreement (SPA). This decision quashes an earlier District Court judgment, which had allowed the purchaser to invoke this clause against one of the sellers that had gone on to continue business in the same market with a different company.

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02.10.2017 EU law
Court of Justice landmark judgment: Intel's EUR 1.06 billion fine is sent back to the General Court

Short Reads - On 6 September 2017, the European Court of Justice rendered its landmark judgment in the Intel case. The outcome of this judgment was eagerly awaited, as it had the potential to revolutionize how EU competition law assesses the business practices of undertakings with a dominant position. The Court has clearly moved away from a form-based analysis, towards a more effects-based approach.

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02.10.2017 EU law
Curaçao Competition Act entered into force on 1 September 2017

Short Reads - On 1 September 2017, the rules of the Curaçao Competition Act (Landsverordening inzake concurrentie, "CCA") entered into force on the basis of a national decree (Landsbesluit) of 11 April 2017. The CCA addresses the three main topics of competition law: cartels, abuse of dominance and mergers. The CCA is largely in line with the Dutch and European competition rules, with a few notable exceptions described below.

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11.08.2017 BE law
Juridisch kader voor pesticidengebruik en voedselveiligheid: fipronil voor dummies

Articles - Elke producent die pesticiden met actieve bestanddelen, zoals fipronil, op de Europese markt wil brengen, is afhankelijk van een Europese en nationale toelating. Die toelating is slechts tijdelijk. Daarenboven moeten de residuen van bepaalde stoffen (zoals fipronil) in ons voedsel onder een maximumgrens blijven. Hierna geven wij u een basisinzicht hoe pesticiden op de Belgische – en bij uitbreiding de Europese – markt kunnen terechtkomen. Als voorbeeld nemen we, hoe kan het anders, de stof fipronil.

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02.10.2017 EU law
Court of Justice clarifies that a change from sole to joint control requires EU clearance only if the joint venture is "full-function"

Short Reads - On 7 September 2017, the European Court of Justice delivered its judgment on a request for a preliminary ruling by the Austrian Supreme Court on the interpretation of the EU Merger Regulation (EUMR). It confirmed that a change in the form of control from sole to joint control of an existing undertaking is considered a concentration under the EUMR only when the joint venture resulting from this transaction performs on a lasting basis all the functions of an autonomous economic entity in the relevant market and therefore qualifies as a full-function joint venture (FFJV).

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02.10.2017 EU law
Court of Justice provides guidance on examining excessive prices as abuse of a dominant position

Short Reads - On 14 September 2017, the European Court of Justice answered preliminary questions from the Latvian Supreme Court. The Latvian Court sought guidance on how to establish whether the fees charged by a collective rights management organisation (CMO) are excessive and therefore constitute abuse of a dominant position in the sense of Article 102 TFEU. The Court of Justice confirmed that comparing the prices with those applied in other Member States, is an appropriate method to establish whether Article 102 TFEU has been infringed.

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01.08.2017 EU law
Court of Justice dismisses Toshiba's appeal against the gas-insulated switchgear fine

Short Reads - On 6 July 2017, the European Court of Justice dismissed an appeal brought by Toshiba regarding its participation in the gas-insulated switchgear (GIS) cartel, upholding the General Court's (GC) judgment of 19 January 2016 and making the fine imposed on Toshiba final. The judgment shows that the European Commission is able and willing to repair any breach of the principle of equal treatment in the rare occasions in which this leads to the annulment of a fining decision.

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