333 results Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague. Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking. Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term. European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages. European Parliament votes in favour of representative actions for consumers On 26 March 2019 the European Parliament approved an amended version of the European Commission's proposal for a Directive on representative actions for the protection of collective interests of consumers, following a debate on 25 March 2019. Foreign Direct Investment Screening in the EU On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020. 15 aspects of Brexit you did not know A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario. General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case. Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules. General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding. Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. 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. Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar. Brush up and avoid dawn raid drama - the clock is ticking There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids. Pharmaceutical companies beware: excessive pricing enforcement is thriving On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe. European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims. ACM bound by its own rules during dawn raids Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking. Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...]. Pagination Previous page Page 15 Current page 16 Page 17 Page 18 Next page
Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague.
Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking.
Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.
European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.
European Parliament votes in favour of representative actions for consumers On 26 March 2019 the European Parliament approved an amended version of the European Commission's proposal for a Directive on representative actions for the protection of collective interests of consumers, following a debate on 25 March 2019.
Foreign Direct Investment Screening in the EU On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020.
15 aspects of Brexit you did not know A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.
General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.
Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.
General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.
Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.
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.
Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.
Brush up and avoid dawn raid drama - the clock is ticking There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.
Pharmaceutical companies beware: excessive pricing enforcement is thriving On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.
European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims.
ACM bound by its own rules during dawn raids Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.
Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...].