Short Reads

Report on competition law's digital future: time for (r)evolution?

Report on competition law's digital future: time for (r)evolution?

Report on competition law's digital future: time for (r)evolution?

02.05.2019 NL law

Do we need a revolution in competition rules to keep up with digital developments such as online platforms, data-sharing and 'killer acquisitions', or will a more natural evolution suffice?

The European Commission's recently-published expert panel report places the answer somewhere in the middle, but also puts forward a number of revolutionary suggestions. The report suggests that it would be preferable for competition policy in the digital space to err on the side of over-enforcement. In order to facilitate this, tweaks to competition rules, such as the burden of proof, may be necessary. The European Commission is likely to take the report's suggestions to heart when considering its next steps in the ever-growing digital world. Companies can use our overview to get up to speed with the highlights of the report in anticipation of the Commission's next steps.

The overview below will bring companies up to speed on the highlights of the report. It remains to be seen whether and how the Commission will move forward with the report's suggestions. As Competition Commissioner Vestager puts it: "we’ll need to take some time to think about those ideas and to discuss and debate before conclusions are reached". Next steps may thus be on the horizon - but probably not in the immediate future.

 

 

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

 

Team

Related news

02.04.2020 NL law
ACM played high stakes and lost: no more fixed network access regulation

Short Reads - The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation. The Dutch Trade and Industry Appeals Tribunal ruled that the ACM had failed to demonstrate the existence of collective dominance, and that KPN and VodafoneZiggo would tacitly coordinate their behaviour absent regulation.

Read more

31.03.2020 NL law
Als het moet, kan het snel (en digitaal): vanwege de coronacrisis op weg naar een Tijdelijke wet digitale beraadslaging en besluitvorming

Short Reads - In crisistijd kan veel en snel. Beraadslagingen en besluitvorming blijven ook nu noodzakelijk, maar de wettelijke grondslag om dit digitaal te doen ontbreekt. Daarom is er aan de Tweede Kamer een wetsvoorstel terzake voorgelegd, dat slechts in enkele dagen is voorbereid. De wet treedt, zo is de bedoeling, op korte termijn in werking.

Read more

02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

Read more

26.03.2020 BE law
​I am suffering significant financial losses as a result of the spread of the corona virus. Is there a possibility of State aid?

Short Reads - COVID-19 brings certain questions to centre stage regarding State aid. In this short read, Peter Wytinck, Sophie Van Besien and Michèle de Clerck discuss the possibility of State aid in case of significant financial losses as a result of the spread of the corona virus.

Read more

02.04.2020 NL law
EU competition policy agenda: full to the brim

Short Reads - The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines. Recent publications, such as the New Industrial Strategy for Europe, shed more light on the Commission’s initiatives and their possible impact on parties from both inside and outside the European Union (EU). These new initiatives include temporary state aid rules to address the effects of the Corona crisis, consultations on the Block Exemption Regulations, and new measures in respect of (primarily) third-country companies.

Read more

This website uses cookies. Some of these cookies are essential for the technical functioning of our website and you cannot disable these cookies if you want to read our website. We also use functional cookies to ensure the website functions properly and analytical cookies to personalise content and to analyse our traffic. You can either accept or refuse these functional and analytical cookies.

Privacy – en cookieverklaring