Neodyum Miknatis
amateur porn
implant
olabahis
Casino Siteleri
Kayseri escort
canli poker siteleri kolaybet meritslot
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
Short Reads

Regulate tech giants and create European champions, says Dutch government

Regulate tech giants and create European champions, says Dutch govern

Regulate tech giants and create European champions, says Dutch government

06.06.2019 NL law

Companies beware: revised EU competition rules are on their way. After the Franco-German Manifesto calling for more political intervention in competition rules to better deal with intensified global competitive forces, the Dutch government is now pleading for politically independent enforcement of stricter EU competition rules.

Stronger, modernised competition rules will not only allow European champions to grow, they can also keep powerful global digital platforms in check. On the Dutch government's wish list are ex ante supervision, forced data sharing, transaction value-based merger thresholds and more guidance on online markets specificities. Even though the new European Commission will have the final say, companies should nonetheless prepare for a strengthened EU competition policy.

The Dutch government agrees with Franco-German suggestions to: (i) defend multilateralism and open markets, (ii) promote an ambitious EU trade policy, and (iii) improve the global level playing field. However, it also questions whether introducing a veto to politically 'unblock' blocked European Commission merger decisions is necessary for the cultivation of European champions capable of competing on the world stage. Instead, champions should be created through strong and politically independent enforcement of strict competition rules, within a strengthened single market. These stricter competition rules are particularly needed to deal with the challenges of the digital economy.

For this reason, the Dutch State Secretary for Economic Affairs and Climate Policy suggests the following additional tools for EU competition policy to keep up with online developments:

  • intervention by way of ex ante measures, forcing large platforms with gatekeeper roles to, (for instance) share data or stop favouring certain search results, even before abuse occurs
  • fill the online market gaps in the current guidelines, such as how to define multi-sided markets, how to assess the role of data in competition analyses, and how to deal with abuse of dominance based on data or privacy instead of price;
  • introduce a transaction value-based merger review threshold to enable competition authorities to review 'killer acquisitions': acquisitions by dominant firms of relatively small, innovative start-ups in order to avoid them growing into important rivals.

The Dutch government acknowledges it needs the support of the European Commission and the other Member States to realise these ambitions. Even though its appeal for support is unlikely to fall on deaf ears - the European Commission's special adviser's report has also suggested considerable changes [see our May 2019 Newsletter] -  it could still be some time before a revised EU competition policy materialises. The new European Commission will first need to take a stance on the future of the EU competition rules. Companies should thus prepare for a revised EU competition policy, but they should not hold their breath for any imminent changes.

 

This article was published in the Competition Law Newsletter of June 2019. Other articles in this newsletter:

Team

Related news

01.10.2020 NL law
EU merger control: Dutch clause to catch future killer acquisitions

Short Reads - Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation. The proposed plans include a simplification of the notification procedure and a new approach towards the system of referral to ensure that significant transactions, particularly in the digital and pharmaceutical industries, no longer escape Commission scrutiny.

Read more

07.10.2020 LU law
Luxembourg tax measures on non-cooperative jurisdictions: EU blacklist updated

Articles - On 6 October 2020, the European Union list of non-cooperative jurisdictions (the “EU List") was updated. The changes have an impact on bill of law nº 7547, providing that, as from 1 January 2021, interest or royalties, accrued or paid, should no longer be deductible for tax purposes when the beneficiary is a related enterprise established in a country included in the EU List.

Read more

01.10.2020 NL law
Waiting for the EC: third-party platform bans and RPM still on radar

Short Reads - The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions. However, the Dutch competition authority (the ACM) and the Dutch courts cannot wait for the European Commission’s revised VBER rules to deal with such sales restrictions.

Read more

01.10.2020 NL law
Directors' liability due to competition law infringements by the company

Short Reads - The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director. Internationally, the question whether companies can recover competition law fines through civil claims against individuals involved in the competition law infringement, is controversial. The court held, however, that the director’s personal involvement in the infringement amounted to ‘serious mismanagement’, triggering personal liability to pay damages.

Read more

01.10.2020 NL law
If you can’t stand the heat: kitchen retailers fined for misleading consumers

Short Reads - There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM), the combined antitrust and consumer protection authority. This is not mere cheap talk from the authority; multimillion fines have already been imposed on Dutch telecom operators and a Dutch energy company, whereas fines approximating one million euro have been imposed on three kitchen retailers, all for allegedly misleading consumers.

Read more