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Loyalty rebate scheme 'saved' by pharma company's market misconceptions

The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.

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 Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract

Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt.

What is the Major Accidents (Risk) Decree 2015 and to which companies does it apply?

The Major Accidents (Risk) Decree 2015 (Besluit risico's zware ongevallen 2015) (Brzo) imposes far-reaching and immediate obligations on companies falling under its scope.

Can I retrieve information from a Dutch administrative body?

The Government Information Public Access Act (Government Information Act) ensures that everyone in the Netherlands can retrieve information from administrative bodies.

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.

Amended governance rules addressing third party funding for collective claim organizations

On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.

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.

Stibbe launches website on the new Netherlands Commercial Court

To coincide with the opening of the Netherlands Commercial Court on 1 January 2019, Stibbe has launched a new website to provide you with the latest developments on this new international court. 

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.

Results of ISDA consultation on benchmark fallbacks now available

Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern

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