The European Antitrust Review 2016 - Netherlands: Overview

Short Reads - The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales restrictions. It also provides more guidance on the rules for exclusive and selective distribution systems.

Short Reads - On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection by its rulings in cases C-151/20, Nordzucker and C-117/20, Bpost.

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.

Short Reads - Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The Dutch Authority for Consumers and Markets (ACM) has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale. Unlike the European Commission’s gun-jumping fine for partial implementation of a concentration through a ‘warehousing’ two-step acquisition (see our July 2019 newsletter; appeal pending), the ACM’s fine relates to faulty turnover calculations due to an unmaterialized two-step transaction.