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337 results

European Commission must reassess Lufthansa's request to waive merger commitments

On 16 May 2018, the General Court partially annulled the European Commission's rejection of Lufthansa's request to waive pricing commitments it had given when it acquired Swiss International Air Lines (Swiss) in 2005.

European Court of Justice rules EY did not violate stand-still obligation in Danish merger

On 31 May 2018, the European Court of Justice ruled that Ernst & Young (EY) did not illegally implement the acquisition of KPMG Denmark (KPMG DK) before obtaining antitrust clearance.

District Court rules on the preliminary defences in CRT case

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT).

District Court Amsterdam rules real estate platform Funda did not abuse its dominant position

On 21 March 2018, the District Court of Amsterdam delivered its judgment in a dispute between two real estate associations (VBO Makelaars and NVM) over the online platform of Funda Real Estate (Funda).

First Dutch excessive pricing case in pharma may be expected soon

On 7 March 2018, the president of the Dutch Authority for Consumers and Markets (ACM) together with two colleagues published a paper concerning the application of the competition rules in the pharmaceutical industry.

Het Besluit stikstofreductie en natuurverbetering is ter consultatie gegaan

De minister van LNV had er verschillende oppositiepartijen voor nodig, maar het is haar gelukt: begin december 2020 werd bekend dat er voldoende steun is voor de Wet stikstofreductie en natuurverbetering (ook wel: de stikstofwet, of de “Wsn”).

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Do the math: ACM publishes strategy on monitoring use algorithms

The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest.

Amsterdam District Court puts a halt to unlimited forum shopping

On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU.

Commission evaluates Antitrust Damages Directive: to be continued

On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive.

(Geo)blockbuster: Canal+ ruling annuls commitment decision

A heads-up for companies seeking to settle in antitrust proceedings: commercially-affected third party complainants are not to be ignored.

Never fear, a post-Brexit competition law checklist is here

On 1 January 2021, the United Kingdom completes the process of separating from the European Union. However, the split between the UK and EU regimes will be a gradual process rather than a swift surgical cut, due to the treatment of ongoing cases and vario

Gatecrashing gatekeepers? The EU’s digital reform is out

Christmas is a time for contemplation, and the proposals of the long-awaited Digital Markets Act and Digital Services Act may give gatekeepers and other online intermediaries even more reason to be pensive this year.

Highest Dutch court: the postman may still ring twice?

The Dutch Minister of Economic Affairs and Climate Policy was wrong to unblock the ACM’s prohibited merger between postal operators PostNL and Sandd on grounds of public interest.

Foreign Subsidies Regulation crosses the finish line

On 30 June 2022, the European Parliament and the European Council reached agreement on the final text of the Foreign Subsidies 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.

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.

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