25 results 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. Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement. The effects of the coronavirus crisis on the European Emissions Trading System - amended 29 April 2020 Coronavirus measures are impacting many different areas of society and the economy. The European Emission Trading System (ETS) for CO2 emission allowances is also being affected. FAQ: What is the disclosure regime for environmental information under the Government Information (Public Access) Act? In this post, we answer some frequently asked questions about the specific provisions that apply to the disclosure of environmental information. De Wet natuurbescherming, stikstof en de bouwpraktijk na de PAS-uitspraken: waar staan we? In 2019 deed de Afdeling bestuursrechtspraak van de Raad van State (“Afdeling”) de geruchtmakende PAS-uitspraken. De jurisprudentie deed de bouwwereld op haar grondvesten schudden en overheden namen van de weeromstuit een uiterst afwachtende houding aan. 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. 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 Naar een besluit-effectenrapportage als evenredigheidsbarometer Terwijl ons land in lockdown verkeerde, lijkt het bestuursrecht te zijn ontketend. Dit als antwoord op de roep uit de maatschappij om meer tegenwicht door de rechter. Increasing control of data centre locations Due to the impact of the booming data centre market, Dutch municipalities and provinces adopt data centre policies and umbrella zoning plans to regulate data centre locations. The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities? On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive. 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. European PFAS ban proposal submitted for consultation The Netherlands, Germany, Norway, Denmark and Sweden have jointly submitted a proposal to the European Chemicals Agency for a European PFAS restriction through REACH. The proposal was submitted for consultation on 22 March 2023 via the ECHA website. Pagination Current page 1 Page 2 Next page
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.
Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement.
The effects of the coronavirus crisis on the European Emissions Trading System - amended 29 April 2020 Coronavirus measures are impacting many different areas of society and the economy. The European Emission Trading System (ETS) for CO2 emission allowances is also being affected.
FAQ: What is the disclosure regime for environmental information under the Government Information (Public Access) Act? In this post, we answer some frequently asked questions about the specific provisions that apply to the disclosure of environmental information.
De Wet natuurbescherming, stikstof en de bouwpraktijk na de PAS-uitspraken: waar staan we? In 2019 deed de Afdeling bestuursrechtspraak van de Raad van State (“Afdeling”) de geruchtmakende PAS-uitspraken. De jurisprudentie deed de bouwwereld op haar grondvesten schudden en overheden namen van de weeromstuit een uiterst afwachtende houding aan.
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.
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
Naar een besluit-effectenrapportage als evenredigheidsbarometer Terwijl ons land in lockdown verkeerde, lijkt het bestuursrecht te zijn ontketend. Dit als antwoord op de roep uit de maatschappij om meer tegenwicht door de rechter.
Increasing control of data centre locations Due to the impact of the booming data centre market, Dutch municipalities and provinces adopt data centre policies and umbrella zoning plans to regulate data centre locations.
The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities? On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive.
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.
European PFAS ban proposal submitted for consultation The Netherlands, Germany, Norway, Denmark and Sweden have jointly submitted a proposal to the European Chemicals Agency for a European PFAS restriction through REACH. The proposal was submitted for consultation on 22 March 2023 via the ECHA website.