16 results ESG: The Transition to ESG Benchmarks and new ESG disclosure requirements Marking a substantial step towards achieving the goals of the EU Action Plan on Financing Sustainable Growth (the “EU Action Plan on Sustainable Growth”), the benchmark regulations will enter into force on 23 December 2020. General Court confirms: no proof, no dawn raid The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence. 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. 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. 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. The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect. Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions. Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld. Netherlands FDI regime protecting national security is getting closer On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives. Draft bill on Expedited Liquidation Transparency presented The draft temporary bill on Expedited Liquidation Transparency presented by the Dutch Minister of Justice on 28 June 2021 aims to increase transparency, improve protection of creditors and reduce the risk of abuse. The new VBER is here! Time to update your distribution agreements The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r No-deal Brexit and the internal market: what implications for trade of food products, animals and plants? Following the June 2016 referendum on European Union ("EU") membership in the United Kingdom ("UK"), the UK notified the European Council of the UK's intention to withdraw from the EU under Article 50 of the Treaty on European Union. Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans By now almost everyone knows that the world of interest rate benchmarks is going to change. Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars. Swifter merger clearance and shorter merger filings in Belgium Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations.
ESG: The Transition to ESG Benchmarks and new ESG disclosure requirements Marking a substantial step towards achieving the goals of the EU Action Plan on Financing Sustainable Growth (the “EU Action Plan on Sustainable Growth”), the benchmark regulations will enter into force on 23 December 2020.
General Court confirms: no proof, no dawn raid The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.
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.
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.
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.
The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect.
Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.
Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.
Netherlands FDI regime protecting national security is getting closer On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives.
Draft bill on Expedited Liquidation Transparency presented The draft temporary bill on Expedited Liquidation Transparency presented by the Dutch Minister of Justice on 28 June 2021 aims to increase transparency, improve protection of creditors and reduce the risk of abuse.
The new VBER is here! Time to update your distribution agreements The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r
No-deal Brexit and the internal market: what implications for trade of food products, animals and plants? Following the June 2016 referendum on European Union ("EU") membership in the United Kingdom ("UK"), the UK notified the European Council of the UK's intention to withdraw from the EU under Article 50 of the Treaty on European Union.
Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.
ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans By now almost everyone knows that the world of interest rate benchmarks is going to change.
Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.
Swifter merger clearance and shorter merger filings in Belgium Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations.