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To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses

The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.

FDI screening guidance: shedding some light in the darkness

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

Belgian court approves sale of television rights despite no call for tenders

The Brussels Commercial Court ruled on 18 December 2024 that the sale of cycling television rights in Belgium did not violate EU competition rules despite the lack of a formal tender procedure.

ACM rolls the dice on roll-up strategies

For the first time, the Dutch Authority for Consumers and Markets conducted a merger review involving a ‘roll-up strategy’. The outcome of another roll-up strategy merger assessment is pending.

First application of Towercast in Belgium and merger filing exemption for certain hospital merger

The Belgian Competition Authority has applied the Towercast case law in a first case in Belgium. It could possibly try do so again for certain hospital mergers that the legislator has recently exempted from merger filing in Belgium.

Tom Verdonk co-edited ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’

Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.

The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

European Commission to pull the strings of foreign subsidies

The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.

Return to sender: Court annuls ministerial unblocking of postal merger

The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.

New competition tool: something old, something new, something borrowed

Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.

More hurdles to cross: Foreign Direct Investment gaining momentum

Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.

Spreading fast: Dutch and Belgian COVID-19 State-aid approved

Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.

COVID-19: fast-forwarding competition law

Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.

ECJ confirms: no shortcut for ‘by object’ antitrust infringements

The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition.

ACM played high stakes and lost: no more fixed network access regulation

The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation.

EU competition policy agenda: full to the brim

The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.

De renaissance van de voorlopige maatregelen in het mededingingsrecht

Mededingingsautoriteiten zijn op zoek naar instrumenten om snel in te grijpen bij ontluikende mededingingsproblemen op de techmarkten.

Directors' liability due to competition law infringements by the company

The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director.

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