304 results Directors' liability due to competition law infringements by the company 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. What to expect when you are expecting: broader investment screening in the Netherlands On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation. If you can’t stand the heat: kitchen retailers fined for misleading consumers 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). Cigarettes producers fined for alleged indirect info exchange Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines. Waiting for the EC: third-party platform bans and RPM still on radar 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. EU merger control: Dutch clause to catch future killer acquisitions 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. Dwaling in de rentederivatenproblematiek: de verhouding tussen mededelingsplicht en waarschuwingsplicht De Hoge Raad heeft de derivatenproblematiek aangegrepen om meer duidelijkheid te verschaffen over de materiële vereisten voor dwaling en de uitwerking daarvan in de context van financiële dienstverlening. Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels. The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements. COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments. More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19. Kroniek van het mededingingsrecht Wat de gevolgen van de coronacrisis zullen zijn voor de samenleving, de economie en – laat staan – het mededingingsbeleid laat zich op het moment van de totstandkoming van deze kroniek niet voorspellen. European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market. Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest. New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed. Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V. Net(work) closing in on cross-border cartels? 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. ACM’s 2021 enforcement focus: digital, green and COVID-19 The ACM’s list of 2021 focus areas is out. Whereas the digital economy and the energy transition are repeats from last year, the effects of the COVID-19 crisis is a new, although somewhat unsurprising, designated focal point. Pagination Previous page Page 1 Current page 2 Page 3 Page 4 Next page
Directors' liability due to competition law infringements by the company 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.
What to expect when you are expecting: broader investment screening in the Netherlands On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation.
If you can’t stand the heat: kitchen retailers fined for misleading consumers 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).
Cigarettes producers fined for alleged indirect info exchange Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines.
Waiting for the EC: third-party platform bans and RPM still on radar 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.
EU merger control: Dutch clause to catch future killer acquisitions 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.
Dwaling in de rentederivatenproblematiek: de verhouding tussen mededelingsplicht en waarschuwingsplicht De Hoge Raad heeft de derivatenproblematiek aangegrepen om meer duidelijkheid te verschaffen over de materiële vereisten voor dwaling en de uitwerking daarvan in de context van financiële dienstverlening.
Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels.
The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements.
COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.
More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.
Kroniek van het mededingingsrecht Wat de gevolgen van de coronacrisis zullen zijn voor de samenleving, de economie en – laat staan – het mededingingsbeleid laat zich op het moment van de totstandkoming van deze kroniek niet voorspellen.
European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.
Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.
New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.
Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.
Net(work) closing in on cross-border cartels? 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.
ACM’s 2021 enforcement focus: digital, green and COVID-19 The ACM’s list of 2021 focus areas is out. Whereas the digital economy and the energy transition are repeats from last year, the effects of the COVID-19 crisis is a new, although somewhat unsurprising, designated focal point.