Ambtshalve toetsing van Unierecht door de appelrechter

Short Reads - A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States. In the Netherlands, amendments to the Dutch Competition Act giving effect to the ECN+ Directive came into force recently, together with a new governmental decree on leniency.

Short Reads - In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause. 

Short Reads - On 16 February 2021, the Amsterdam Court of Appeal (the Court of Appeal) set aside a judgment of the Amsterdam District Court (the District Court) in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery (AB), a Greek subsidiary of Heineken N.V. (Heineken), in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

Short Reads - Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those rules are not necessarily set in stone. According to the ECJ, national time limits relating to the imposition of antitrust fines may require deactivation if these limits result in a ‘systemic risk’ that antitrust infringements may go unpunished.