Olivier Schotel

Olivier Schotel

Olivier Schotel Associate Amsterdam
  • T. +31 20 546 05 62
  • E. olivier.schotel@stibbe.com olivier.schotel stibbe.com E-mail me
  • Languages: Dutch, English

Related news

19.10.2018 EU law
EU top court on international jurisdiction in tort cases: localising pure financial loss, continued

Short Reads - On 12 September 2018, the Court of Justice of the European Union (CJEU) confirmed that in prospectus liability cases, a court can only assume international jurisdiction on the basis that the alleged damage consists of purely financial loss which occurred directly in an investor's bank account held with a bank established within its jurisdiction if additional specific circumstances also contribute to that court assuming jurisdiction.

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01.11.2017 NL law
General Court upholds fine for 'gun jumping' EU merger control procedure

Short Reads - On 26 October 2017, the General Court (GC) dismissed an appeal lodged by Harvest Marine, a Norwegian seafood company, against a EUR 20 million fine imposed by the European Commission. The fine was imposed on Harvest Marine in 2014 for implementing its acquisition of Norwegian salmon producer Morpol before obtaining the required clearance from the Commission under the EU merger control rules, also referred to as "gun jumping" [see our August 2014 Newsletter].

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02.10.2017 NL 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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01.09.2017
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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