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Getting the Deal Through – Cartel Regulation 2022

Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands.

Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed

Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte

Belgium Billiard ball association’s exclusive sponsoring contracts with suppliers of billiard products infringes competition law

A Belgian enterprise Court decided that the Belgian Billiard Association is an undertaking for competition law purposes to the extent that it organises billiard tournaments.

Belgian Competition Authority approves merger between Port of Antwerp and Port of Zeebrugge

By decision of 7 January 2022, the Belgian Competition Authority approved the merger between the Port of Antwerp and the Port of Zeebrugge. This merger deals with two important ports in Europe, in particular in the Hamburg – Le Havre range.

Take note(s): Qualcomm’s EUR 1 billion dominance abuse fine quashed

The General Court annulled the Commission’s EUR 1 billion fine imposed on Qualcomm for abuse of dominance on the LTE chipsets market.

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

Park your parking structures: EU Court upholds Canon’s gun jumping fine

Companies involved in M&A transactions had better think twice before temporarily parking a target undertaking with an interim buyer.

AG Emiliou: careful treading in hybrid cartel procedures

On 12 May 2022, Advocate General (AG) Emiliou delivered his Opinion proposing that the European Court of Justice (ECJ) dismiss HSBC’s appeal.

Are you ready for the new Dutch and EU transactional hurdles?

Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.

Landmark ECJ ruling: subsidiary liability in follow-on cartel cases

On 6 October 2021, the European Court of Justice issued a landmark judgment in the Sumal case.

Dust off your dawn raid manuals: the heat is (back) on

Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.

Evidentiecriterium door de Afdeling ontgroend: weigering om terug te komen van boete evident onredelijk

De Afdeling oordeelt in haar uitspraak van 28 april 2021 (ECLI:NL:RVS:2021:908) voor de eerste keer expliciet dat een weigering om van een in rechte onaantastbaar besluit terug te komen evident onredelijk is.

Court of Appeal provides guidance for further course of proceedings in prestressing steel litigation

On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues.

ACM walks the walk: first-ever vertical price coordination fine

The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.

Commission reveals first piece of antitrust sustainability puzzle

The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.

Commission’s record fine for gun jumping upheld

Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully.

Google Shopping: self-preferencing can be abusive

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Third time lucky: Intel wins loyalty rebate battle at EU top court

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

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